What are the advantages and disadvantages of locating IP offshore?
01 December 2008
Managing Intellectual Property
My company is keen to save money by moving our IP portfolio to maximise tax efficiencies - what are the advantages and disadvantages?
The valuer
For many years multinational companies have been encouraged by potential tax savings to locate their value-creating IP assets, such as brands, customer lists and patents, in low tax jurisdictions. If properly managed, locating, or relocating, assets offshore is a relatively simple process, and can provide significant benefits.
The question is one of transfer pricing, a term used to describe pricing arrangements between different parts of group companies. Transfer prices determine the location of profits in a group, and therefore taxes due. Transfer prices must reflect market, or "arm's length", prices and are routinely reviewed by tax authorities interested in maximising taxable revenues. In the US, President-elect Obama has identified transfer pricing as a key area of focus for tax policy for his administration.
IP assets create significant value for many businesses. Royalty rates of 5% to 10% (of turnover) are commonplace for most forms of IP, and can...
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