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Intellectual Property Transfer Pricing and Taxation
Multinational companies with distributed operations and geographic centers of specialized activities tend to transfer intangibles including intellectual property assets among their various affiliates. These transfers between entities are priced at levels that approximate fair market value and are simultaneously consistent with every company's duty to maximize shareholder value. Tax authorities have long complained that multinationals are setting international transfer prices to avoid taxes by lowering income in high tax jurisdictions and raising income in low tax jurisdictions. In theory, a multinational should not suffer prejudice in such a case (beyond the payment of appropriate penalties) because international tax treaties contemplate adjustments; the underpayment would be collected and the overpayment refunded in each respective jurisdiction. As a practical matter however, there is a real risk of double taxation since sovereign tax authorities may come to disagree on transfer pricing levels.
Sensitized by recent high-profile tax disputes, multinational companies are now specifically seeking strategies to minimize transfer pricing conflicts with the Internal Revenue Service and other international taxing bodies. This article introduces one practical solution.
IP Transfer, Pricing and Conflict
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?