William Byrnes' Tax, Wealth, and Risk Intelligence

William Byrnes (Texas A&M) tax & compliance articles

Tax of IP & Tech

Taxation of Intellectual Property and Technology 2020 edition is a 1,000 page analytical treatise to the federal tax consequences of the development, purchase, sale and licensing of intellectual properties and intangibles.  Primary author William Byrnes leads a team of America’s leading tax senior counsel to analyze tax risk challenges for business and investment decisions concerning intellectual property, technology, intangibles, and the digital economy.


Chapter 1 Overview of Intellectual Properties (William Byrnes)
Chapter 2 Outline of Major Code Sections Applicable to Intellectual Properties (William Byrnes)


Chapter 3 Development and Purchase of Technological Intellectual Properties Including Patents and Trade Secrets (William Byrnes)
Chapter 4 Development and Purchase of Trademarks and Trade Names (William Byrnes)
Chapter 5 Creation and Purchase of Copyrights (William Byrnes)


Chapter 6 Sale and Licensing of Technological Intellectual Properties Including Patents and Trade Secrets (William Byrnes)
Chapter 7 Sale and Licensing of Trademarks and Trade Names (William Byrnes)
Chapter 8 Sale and Licensing of Copyrights (William Byrnes)


Chapter 9 Research and Development Tax Credit (G. Lucia Valenzuela)
Chapter 10 Computer Software (Carlos Perez Gautrin)
Chapter 10A Impostion of Sales Tax on Computer Software (Brent Newton)
Chapter 11 Taxation of Electronic Commerce (William Byrnes)
Chapter 12 International Transactions (Ryan J. Kelly )
Chapter 13 Global Positioning of Intellectual Property (William Byrnes and Dr. WIlliam Seeger)
Chapter 14 Transfer Pricing of Intangibles (Dr. William Seeger of University of Texas at Arlington)
Chapter 15 Permanent Establishments and E-commerce’ (Iselle Coronado-Torres with William Byrnes)
Chapter 16 Customs Duties and Intangibles (Leonardo Macedo)

new chapters in development: DEMPE, valuation, transfer pricing, profit split, controversy, state aid, among others.  Please contact the author for new chapter suggestions!

Taxation of Intellectual Property & Technology Lexis Expert Contributors

William W. Chip is Senior Counsel in the international law firm Covington & Burling, resident in their Washington, D.C. office. Mr. Chip has over 30 years of experience advising and representing multinational clients with respect to cross-border transfer pricing and other international tax matters, including the resolution of transfer pricing controversies at the examination and appeals level and through Competent Authority proceedings and the IRS Advance Pricing Agreement Program. Over the course of his career, Mr. Chip he has chaired the Transfer Pricing Subcommittees of the ABA Tax Section and the U.S. Council on International Business and has served as the Transfer Pricing Technical Director of a Big Four accounting firm. He is a long-standing member of the Tax Committee of the OECD’s Business & Industry Advisory Committee (BIAC), and in that role has been an active participant in the OECD’s project on Base Erosion & Profit Shifting (BEPS). Having served as transfer pricing advisor to the owners, CFOs, and senior tax executives of both established and emerging global enterprises in the financial, commodities, life sciences, and energy industries, he is nationally recognized for his specialized expertise in those industries. Mr. Chip received his B.A. in Economics from Yale University in 1971, his M.A. in Economics from Cambridge University in 1973, and his J.D. from Yale University in 1979.

Carlos Perez Gautrin is an International Tax Adviser and Associated Partner with CBA Cross Border Associates, and resides in Lincoln, California. Carlos is personally in charge of leading the CBA practice for San Francisco, Silicon Valley and Greater Sacramento areas.  Formerly, Carlos had responsibility for the transfer pricing policy, documentation and method determination procedures applicable to the worldwide operation of Lexmark International, Inc. Carlos held the quarterback position in the pricing and multinational tax strategy for the inter-company distribution flow of Lexmark printer hardware, software and supply products in the global market. Previously, Carlos worked as International Tax Manager for VeriSign, Inc., Senior Tax Researcher for the International Bureau of Fiscal Documentation (IBFD) in Amsterdam, Netherlands, and practiced tax law in major legal firms.

Ryan J. Kelly is a principal with EY’s Washington, D.C. international tax practice, and formerly a partner with Alston & Bird’s Federal & International Tax Group. Ryan practices in tax dispute resolution, transfer pricing, and general tax planning. He focuses on domestic and international tax issues with an emphasis on transfer pricing. Ryan has advised multinational corporations and the U.S. government on complex cross-border transactions, including several litigation matters involving tax disputes that are some of the largest in U.S. history. Ryan previously served as an attorney-adviser in the IRS Office of Associate Chief Counsel (International), where he advised examiners, economists, and lawyers with the IRS’s Large Business & International Division on high-stakes international tax issues and transfer pricing. Before serving at the IRS, Ryan was a member of the North American tax practice group of one the world’s most global law firms. Ryan serves as an adjunct professor of law at the Georgetown University Law Center and is past chair of the Federal Bar Association’s Section on Taxation. He is also a registered U.S. merchant marine officer. He may be contacted at ryan.kelly@alston.com. His contribution includes Chapter 12: International Transactions.

Leonardo Macedo is a Senior Customs Officer at the Brazilian Revenue Service. He is a World Customs Organization (WCO) accredited expert in Customs Valuation. During 2010-2013 he worked as WCO Technical Officer, supporting the activities of the Technical Committee on Customs Valuation (TCCV). During his career, he did numerous missions, including for the WTO Trade Facilitation Agreement (TFA). Leonardo holds a master´s degree in economic law and bachelor’s in law and economics. Mr. Macedo was recently a visiting researcher at Georgetown Law Center and is concluding his PhD in International Trade Law at Maastricht University.  Mr. Macedo may be contacted at leonardo.macedobr@gmail.com. His contribution includes chapter 16: Customs Duties.

Matthew P. Moseley is the international tax counsel of Lockheed. Mr. Moseley concentrates his practice on the U.S. taxation of various types of domestic and cross-border transactions and on transfer pricing matters. Mr. Moseley is a graduate of the University of Virginia, from which he received his B.S. in Chemical Engineering. He received his J.D. from the University of California, Hastings College of the Law, and an L.L.M. in taxation from Georgetown University Law Center.

Brent Newton graduated from Golden Gate University with his Master of Accountancy (MAc) in April 2015 and became a licensed CPA in California in August 2016. In addition, he has a J.D. from South Texas College of Law and was admitted to the State Bar of Texas in 2012. He also received a Bachelor of Science in Maritime Administration (MARA) from Texas A&M University at Galveston (TAMUG) in 2008. Currently, Brent is a student in the LL.M. program at Texas A&M University School of Law. He can be contacted at brentalexandernewton@gmail.com.  His contribution includes Chapter 10A: The Imposition of Sales Tax on Computer Software: Home Rule vs. Non-Home Rule Jurisdictions. 

Iselle Coronado-Torres, CPA, Esq., LL.M. is a graduate student from Georgetown University, Law Center, where she pursued an LL.M. in taxation along with a Certificate in International Taxation. Mrs. Coronado concentrates his practice in corporate income taxes, international taxation, among others.  She earned a J.D.., and a B.B.A. with major in accounting from the University of Puerto Rico. She was previously working as a senior tax associate with KPMG, LLP in the Department of corporate income taxes. Ms. Coronado-Torres may be contacted at isellecpa@gmail.com. Her contribution includes the new Chapter 15:  Permanent Establishments and E-commerce taxation.

G. Lucia Valenzuela is an AMC tax associate with KMPG, and attorney at law.  Ms. Valenzuela works with multi-disciplinary teams to conduct Research and Development (R&D) Tax Credit consulting services, including section 199 domestic production activities deduction, accounting method assessments, design and implementation of projects related to revenue and expense recognition, capitalized items, fixed assets and inventories.

Taxation of Intellectual Property and Technology fully integrates the latest legislative, administrative, and judicial changes in the tax law as well as the patent, trademark, and copyright and trade secret laws, and additionally covers Internet and international taxation of intangibles. It is a comprehensive guide to the federal tax consequences of the development, purchase, sale and licensing of intellectual properties / intangibles, including inventions (whether or not patentable), trade secrets, trademarks, trade names, copyrights and computer software. Taxation of Intellectual Property and Technology not only explains and analyzes the complex issues involved in this growing area of law, it recognizes and addresses the need to minimize the tax impact of these transactions. Coverage includes:

• Analysis of the America Invents Act and its effect on patentable inventions
• Intangibles costs under IRC § 263(a) and INDOPCO
• Property versus Services and Employee to Employer Transfer
• Calculation of the Qualified Research Expense Credit

Tax law and intellectual property are highly transitory and complex, and often interact in uncertain ways, especially in the face of rapid and continual technological development and the growth of e-commerce.

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