Taxation of Intellectual Property After Tax Reform: IRC 1235, FDII and GILTI, Taxation of Moving IP Offshore
Recording of a 90-minute premium CLE/CPE webinar with Q&A
This course will provide tax counsel with practical guidance on the taxation of intellectual property (IP) assets post-tax reform. The panel will discuss the impact of tax reform on patents, design models or other IP assets created by individual taxpayers, revised Section 1221 and obtaining the benefits of Section 1235, implications foreign-derived intangible income (FDII) and global intangible low-tax income (GILTI), and key tax considerations in structuring transactions for the purchase or sale of IP assets.
Outline
- Taxation of IP assets under current U.S. tax law
- Capital gain treatment under revised Section 1221 and application of Section 1235
- Dynamics of FDII as applied to IP ownership and development
- GILTI and CFCs holding IP assets
- Best practices and techniques in structuring transactions for IP assets
Benefits
The panel will discuss these and other key issues:
- New tax provisions impacting the creators and holders of intellectual property
- The dynamics of revised Section 1221 and maintaining capital gain treatment of IP
- Understanding the benefits and pitfalls of FDII rules relating to IP
- Application of GILTI for holders of IP assets
- Tax planning techniques in structuring transactions involving IP assets
Faculty
Stephen Bates
Principal, International Tax Services
Ernst & Young
Mr. Bates provides tax advice to multinational corporations on transactional and controversy matters, including... | Read More
Mr. Bates provides tax advice to multinational corporations on transactional and controversy matters, including transfer pricing, intellectual property alignment, international restructuring and supply chain management. He advises large multinationals in a variety of industries, including the software, semiconductor, life sciences, consumer products, manufacturing, and services sectors.
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David N. de Ruig
Senior Manager - National Tax - International Tax Services
Ernst & Young
Mr. de Ruig recently joined EY’s National Tax ITS practice in the Silicon Valley, where he focuses on a... | Read More
Mr. de Ruig recently joined EY’s National Tax ITS practice in the Silicon Valley, where he focuses on a broad variety of international tax matters, with a particular emphasis on tax planning for the impact of global tax law related to intellectual property. He also brings extensive experience addressing cross-border payments and international corporate structures. Prior to joining EY, Mr. de Ruig was a tax associate at a leading global law firm where he advised on U.S. tax considerations in connection with restructuring international operations for multinational clients.
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Brian J. Dunkel
Senior Manager - National Tax - International Tax Services
Ernst & Young
Mr. Dunkel is a Senior Manager in the International Tax Services practice of Ernst & Young, LLP, based in Atlanta.... | Read More
Mr. Dunkel is a Senior Manager in the International Tax Services practice of Ernst & Young, LLP, based in Atlanta. He brings 12 years of experience advising clients on international tax matters, including outbound planning for U.S.-based clients, inbound planning for foreign clients, intercompany transactions, cost-sharing agreements and cross-border business support. Mr. Dunkel's work focuses on the unique issues raised by changes in global tax law related to intellectual property and changes in business models resulting from technological disruption. He earned his undergraduate degree from the University of Virginia, his law degree from Washington and Lee University School of Law and his master of laws in taxation from Georgetown University School of Law.
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Zachary Perryman
Senior Manager - National Tax - International Tax Services
Ernst & Young
Mr. Perryman is a senior manager in EY’s National Tax Department, based in San Francisco. He advises clients in... | Read More
Mr. Perryman is a senior manager in EY’s National Tax Department, based in San Francisco. He advises clients in many sectors on a range of corporate transactional matters including intellectual property alignment, transfer pricing, international restructurings, and mergers and acquisitions.
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