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Transfer Pricing & Intangibles – one of the most important areas of Transfer Pricing today!

With the shift towards a more knowledge-based and service-oriented economy, intangible assets such as trademarks, brands, patents, know-how and technology, account for an increasing part of the business value. The accurate and complete taxation and valuation of Intellectual Property (IP) and other intangible assets is therefore essential.

Transfer Pricing & Intangibles – a continuing battlefield

Intangibles is one of the most important areas of Transfer Pricing at the moment. General consensus among taxpayers and tax authorities alike is that there is currently insufficient international guidance, in particular regarding the definition, identification and valuation of intangibles for Transfer Pricing purposes. The outcomes of OECDs project on intangibles are likely be far reaching and as such this promises to be the most challenging and ambitious project that OECD have undertaken to date.

What will you learn?

In this unique distance/online learning course your instructors will look at intangibles from the complementary perspectives of Transfer Pricing and valuation. As there is no single definition of Intellectual Property (IP)  and other intangibles in use today by tax authorities or the OECD, the authors provide a framework in order to capture the various characteristics of Intellectual Property. Next, they touch upon the methods that have been provided by the OECD to establish arms length pricing or valuation of intra-group transactions of Intellectual Property (IP), as well as the practical implementation of these methods.

For who?

This unique, toplevel distance learning course on Transfer Pricing & Intangibles is a must for Corporate Tax and Intellectual Property Legal Counsels, Intellectual Property and Licensing Executives, in-house Transfer Pricing Managers, Advisors Transfer Pricing, International Tax Executives, Tax Directors, Accountants, Tax Inspectors, Controllers and CFOs, Tax Attorneys and Solicitors, CPAs and Lawyers, and many other professionals.

LESSON I
Transfer Pricing and Intangibles – Introduction
Today, intangible property generally represents between 40-80% of value-add of international enterprises (MNEs), making it a key component of a MNEs value chain. Intangible property includes business rights associated with commercial activities, including marketing activities. Intangible property will not always be shown on the balance sheet of a company, and often intangible property attracts a considerable risk, e.g. contract or product liability.

Given that Transfer Pricing issues pertaining to intangibles are a key area of concern to governments and taxpayers, the OECD found that updating Chapter VI and VIII of the OECD Transfer Pricing Guidelines has become an increasingly important issue in the evolution of new business realities and subsequent adaptations to the Transfer Pricing regulations.

• The evolution of the MNE and the importance of intangibles
• OECD Definition of Intangible Property
• How do emerging jurisdictions (i.e. BRICS) deal with intangibles?
• Transfer Pricing and Intangibles: 4 functional variables
• Locating Intellectual Property (IP) in tax advantaged jurisdictions
• Transfer Pricing Risks (I): Court Cases on Intangibles
• Transfer Pricing Risks (II): Corporate Reputation at Risk Through SEC Disclosure of Intercompany Transactions

LESSON II
Intangibles – Transfer Pricing labels, identification and ownership
Lesson II evaluates the labels that are applied to intangibles in the context of Transfer Pricing by utilizing 4 functional variables. The definitions of intangibles are evaluated from a legal, tax and accounting perspective. The lesson examines methods for applying labels to intangibles and how to properly identify the rightful owners and which entity is entitled to the returns related to an intangible.

• Definition of intangibles
• Labelling of intangibles

LESSON III
Valuation of Intangibles
Lesson III provides a clear picture of the various aspects of assessing the value of an intangible for Transfer Pricing purposes. This is accomplished through providing relevant background information, introducing components of valuation methods and applying the ideas to real world examples of highly valued companies that utilize intangibles in their business models. After introducing these concepts, practical methods of assessing value are examined.

• When and why Intangible Assets are valuable
• Companies with highly valued intangibles
• Why and when are intangibles valued?
• Price, Value and Cost   
• Generally Accepted Valuation Approaches
• Determining the Discount Rate and Capitalization Rate
• Business Restructuring and Valuation, Chapter IX, OECD

LESSON IV
Business Models – Intellectual Property (IP) configurations
Lesson IV describes how and where intangibles are located in the value chain of multinational enterprises. This is accomplished through evaluating business models from a general business/commercial perspective as well as from a Transfer Pricing perspective. Case studies and questions to evaluate different practical examples are included in this lesson.

• Overview of business models from a commercial perspective
• Transfer Pricing and general corporate tax considerations of each model
• Model implementation, high level guidance on implementing each of the above mentioned models, including a legal framework for managing Intellectual Property
• Case Study
• Questions with model answers
• Multiple choice questions
• Answers to open and multiple choice questions

LESSON V
Intellectual Property (IP) law and Transfer Pricing
Lesson V examines the legal system surrounding Intellectual Property rights. The lesson provides a brief history of Intellectual Property rights in the legal context, discusses the future of Intellectual Property rights, and looks at the different types of legally recognized Intellectual Property rights. The lesson further explores on the legal aspects of Intellectual Property exploitation, Intellectual Property management and Intellectual Property transfer. How to protect intangibles through Intellectual Property law, corporate law, contract law and labour law is also examined.

• Brief History of Intellectual Property
• Future of Intellectual Property
• Appearance of Intellectual Property
• IP exploitation
• IP management
• IP transfer

LESSON VI
Intangibles – Accounting definitions
Lesson VI provides a high level overview of the accounting standards relating to intangible assets. The lesson focuses on the recognition and measurement of intangibles according to accounting principles. The lesson examines the differences in valuation of intellectual property according to IFRS, US GAAP and Canadian Gaap.

• Introduction Intangibles
• Recognition of Intangibles
• Goodwill
• Subsequent measurement

LESSON VII
Transfer Pricing & Intangibles – corporate income tax aspects
Lesson VII outlines the corporate income tax aspects related to intangibles and Transfer Pricing. The lesson touches on many tax aspects, including amortization, tax credits, capital gains tax, value-added tax, and more. Several examples from different countries are provided to highlight how intangible property is taxed around the world.

• Initial Intangible Asset Value
• Amortization/Decrease in the Value of Intangible Assets
• R&D Tax Credit
• Innovation Box/other Incentives
• Replacement Reserve
• Withholding Tax on Royalty Payments
• Capital Gains Tax
• Business Restructuring and Related Taxes
• VAT
• Purchase Price Allocation
• Beneficial/Economic/Legal Ownership
• Conclusion

Your authors/instructors are highly acclaimed Transfer Pricing experts from Transfer Pricing Associates. Transfer Pricing Associates, part of the TPA Global Group, is the leading independent provider of global Transfer Pricing Services. TPA has offices and coverage in over 30 countries around the world and experience in a broad range of Transfer Pricing issues. TPA provides high quality Transfer Pricing advice and assistance to multinationals of all sizes, wherever they are located.

Transfer Pricing Associates and its network partners provide you with high quality tax, Transfer Pricing and valuation services to your company�s intellectual property rights.

      

The authors/instructors of this toplevel 'Transfer Pricing and Intellectual Property' course are

Steef Huibregtse
Steef Huibregtse is Founding Member of Transfer Pricing Associates. Steef is a member of the Business Advisory Group to the OECDs Joint Working Group on Business Restructuring. Steef developed a Global Transfer Pricing Risk Management tool and developed a Global Benchmark Platform. Steef was involved in more than 1.000 regional an global Transfer Pricing studies.


Guest authors/instructors are

Dorus van der Burgt
Dorus van der Burgt is Attorney at Law at VDB Lawyers. Dorus is specialized in Intellectual Property Law and ICT.




Elizabeth King
Elizabeth King is Member of Beecher Consulting LLC. Beecher Consulting is an independent Boston-based economic consulting firm. They specialize in the Transfer Pricing of goods, services and Intangible Property, and the valuation of going concerns and Intangible Assets for Tax, Business and Litigation purposes.

Eric Matser
Eric Matser is a Lawyer/Intellectual Property and Competition, and Partner at VDB Lawyers. Eric advises and litigates on all legal aspects of for example know-how, brands, advertising, software, design, innovation and competition. His specific areas of attention are cooperation in innovation and exploitation of intellectual property.

Alon Wexler
Alon Wexler is Principle at RSM Richter. RSM Richter is the 9th largest independent accounting, business advisory and consulting firm in Canada. Alon has over 10 years of experience providing business advisory services to a wide range of entrepreneurial clients. He has developed significant expertise in the areas of business valuation and mergers and acquisitions.

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