General Business Intellectual Property Tax

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Legal Alert: Maryland Court of Appeals: Out-of-State Delaware Holding Companies Licensing Patents to Parent Company Doing Business...

Today, the Maryland Court of Appeals held that Maryland may tax out-of-state Delaware holding companies that license patents to their parent company, which was doing business in Maryland. Gore Enterprise Holdings, Inc. v....more

“Boxed Into A Corner”?: Australian Government Confirms That It Is Considering “Patent Box” Tax Rules To Assist Manufacturers

Australia’s Assistant Treasurer has confirmed that the Government will consider the so-called “patent box” tax rules to assist Australian manufacturers of patented goods. Such rules are directed to lowering tax rates on...more

Legislative Update Report No. 2013-23 -- Dec 13, 2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Virginia Adopts Narrow Definition of “Royalty” for Purposes of its Intangible Expense Add-Back

In a recent ruling, the Virginia Department of Taxation determined that payments made by a taxpayer to an affiliated corporation were not "royalty" payments and should not have been added back to the taxpayer’s Virginia...more

Global Tax Report - September 2013: Intellectual Property Tax Planning

In This Issue: - United States: Benefits of Intangible Property Migrations - United Kingdom: Innovation: The Name of the Game - Germany: OECD’s Action Plan on Base Erosion and Profit Shifting (BEPS) Within the...more

How “Taxing” Does a Patent Transfer Have to Be?

Whether you are transferring patent or acquiring rights in a patent, the tax consequences can vary greatly depending on how the transfer is structured. The IRS has recently issued a document (Legal Advice by Field Attorney...more

NJ Court Broadly Interprets Consumer Contract Protection Statute

NJ Court Broadly Interprets Consumer Contract Protection Statute by Christine M. Vanek on August 12, 2013 Discount restaurant coupons purchased online qualify as contracts under the state’s consumer protection statute,...more

Levick Monthly - July 2013: 5 Rules For General Counsel In The Digital Age, Risks Abound, But So Do Opportunities

In This Issue: - COVER STORY ..5 Rules for General Counsel in the Digital Age - CORPORATE & REPUTATION ..Bangladesh and Beyond: Walt Disney’s Leadership - LITIGATION ..Who Really Ignited Obama’s...more

Manufacturing Innovation in America Act Introduced in House

On June 28, Rep. Allyson Schwartz (D-PA) introduced legislation (H.R. 2605) to amend the Internal Revenue Code of 1986 to allow a deduction for "patent box" profit from the use of U.S. patents (and foreign patents in certain...more

Spotlight on Tennessee: Intangible Expense Settlement Program – ACTION Required by September 30, 2013

The Tennessee Department of Revenue (Department) has issued Notice #13-06, dated June 2013, encouraging taxpayers subject to the Tennessee Excise Tax who took deductions for "intangible expenses" paid to affiliated or related...more

What A Tax Attorney Can Do for You: Understand How Apple, Inc. Legally Does Not Pay Income Tax

When Apple Inc., disclosed that it has not paid any corporate income tax over the past 4 years, it got the government’s attention. Hailed before the Senate, Apple is confident in their tax position because, it is legal. ...more

IRS Taking Tough Stand On Benefits And Burdens Of Ownership In Recent Section 199 ILM And Tax Court Cases

On April 1, the Internal Revenue Service (IRS) released ILM 201313020 (ILM) in response to an IRS Appeals Division request. It concludes that planning and development activities undertaken by a publisher of books and other...more

Taxation Of Computer Software Sales: Ordinary Income, Capital Gain, Or Both?

The taxation of computer software is complex, confusing, and in some circumstances, uncertain; although self-created computer software is routinely sold today, especially with the significant increase in the number of...more

The UK Patent Box – Clawing Some Money Back from the Taxman

As of April 1st, companies paying UK corporation tax can take advantage of a new tax regime, dubbed the “Patent Box,” to reduce their tax burden. Here we explain why this new regime has been put in place and how and why it...more

Distribution in China – Legal Issues

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

W.L. Gore’s Impact on Pending Maryland Cases and Audits

In a case decided late last month, Comptroller of the Treasury v. Gore Enterprise Holdings, Inc. and Future Value, Inc., Nos. 1696 and 1697 (January 24, 2013), the Maryland Court of Special Appeals held that patent royalties...more

Countdown to The Introduction of The New Patent Box Regime

From 1 April 2013, UK companies will be able to elect into a new regime that applies a lower rate of corporation tax to profits from qualifying intellectual property (IP) rights. The relief will be phased in, culminating on...more

Cross-Border Retailing: A Guide to Canadian Market Entry

Given our healthy economy, a robust retail market and proximity to the United States, Canada is an increasingly attractive destination for U.S. retail investment. Entering the Canadian retail market can be smooth and...more

Mandelbaum Salsburg Fall 2012 Newsletter

Mandelbaum Salsburg's Fall 2012 Newsletter containing helpful information for businesses and individuals. Table of Contents: Why Every Employer Needs a Social Media Policy A Business’s Obligations Under The Identity...more

Global Automotive Newsletter - June 2012

In This Issue: - The International Trade Commission: A Powerful Alternative for Patent Holders: What does a patent holder do when component parts that infringe one or more of its patents are imported into the...more

Where’s the Beef? Virginia Circuit Court Allows Wendy’s to Claim Exception to Addback for Royalties Paid to Affiliate

A new opportunity may exist for franchisors to claim an exception to Virginia’s royalty addback statute based on a recent Circuit Court decision. In Wendy's International Inc. v. Virginia Dep't of Taxation, decided March...more

"Beneficial Owner" - CRA'S Assessment Of Velcro Doesn't Stick

The Tax Court has once again considered the meaning of the phrase “beneficial owner” for purposes of the tax treaty between Canada and the Netherlands. It has also once again ruled in favour of the taxpayer in...more

What You Need to Get Done Now If You Want to Sell Your Company in 2012

One of today’s most discussed political topics is the expected expiration of the Bush tax cuts after December 31, 2012. If Congress doesn’t act, among other things, the individual U.S. federal income tax rate...more

PA Tax Law News -- February 2012

In This Issue: Governor’s Budget Proposal Maintains Capital Stock/Franchise Tax Phaseout But Asks Retailers to Pay More Marcellus Shale Impact Fee Enacted Property Tax Reassessments...more

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