This specialist title analyses the approach of the UK tax regime towards intellectual property assets. Following the life-cycle of intellectual property from creation to disposal, the commentary highlights the tax considerations and planning issues for individuals, non-corporate entities and companies. A separate chapter deals with international issues including UK tax residence, transfer pricing and controlled foreign companies.
This new edition of Taxation of Intellectual Property will be updated by Julian Hickey of Old Square Tax Chambers and Zeeshan Khilji of ETC Tax. Two new chapters are added to this edition, one dealing with crypto-assets, and the other providing guidance on dealing with disputes, enquiries and appeals, focussing on the practical issues advisors need to think about.
A large amount of new material is added to reflect changes to the law and practice in this area since the last edition was published in 2016. These include:
- changes to the corporate intangible asset regime - expansion of guidance on the patent box to reflect application of new rules from July 2021 - changes to the R&D tax relief regime - updated to reflect the post-Brexit world, including international protection, recognition and enforcement of UK and non-UK IP; and the new VAT regime. - new commentary on 'hybrid' IP: domain names and protection via goodwill/passing off - update to the international tax planning to reflect recent tax residence decisions such as Development Securities Plc v HMRC - New case law: - Hull City AFC (Tigers) Ltd v HMRC (image rights) - Thaler v Comptroller General of Patent Trade Marks and Designs (confidentiality - no property in information) - Ingenious (trading v investment - Vaccine Research Limited (trading v investment)
The new edition will also feature a number of new examples and case studies to help illustrate the guidance given.
Read an extract of Taxation of Intellectual Property
Table of Contents
Chapter 1: Introduction Chapter 2: Introduction to intellectual property
IP tax: Individuals
Chapter 3: Creating intellectual property Chapter 4: Research and development allowances Chapter 5: Acquiring intellectual property – individuals and non-corporates Chapter 6: Exploiting intellectual property Chapter 7: Disposing of intellectual property
IP tax: Companies
Chapter 8: Corporate intangibles tax rules - introduction Chapter 9: Creating intellectual property Chapter 10: Research and development expenditure Chapter 11: Acquisition of intellectual property by companies Chapter 12: Exploitation of intellectual property by companies Chapter 13: The patent box Chapter 14: Disposals of intellectual property by companies
IP tax: Issues common to Individuals and Companies
Chapter 15: Value added tax Chapter 16: International intellectual property tax issues and planning Chapter 17: Intellectual property transactions Chapter 18: Structures and businesses Chapter 19: Cryptocurrencies Chapter 20: What to do if things go wrong