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Intellectual Property and Taxation paper

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DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 23 Nov 07 by THE TAX INSTITUTE

Intellectual property is the life blood of a modern growing enterprise. Think of the business names, logos, trademarks and designs which are avidly protected by international corporations because they are the back bone of the their enterprise value. This paper identifies the essence of IP and the taxation consequences which follow when dealing with IP in business structuring and transaction. In particular:

  • Structures for holding IP
  • Interplay with R&D concessions
  • Termination value - balancing adjustments and CGT events A1 and D1 when IP is transferred
  • Creation of IP outside of Australia (original copyright)
  • Draft TR 2007/D5 on royalty withholding tax and assignment of copyright 

Author profile

Teresa Dyson
Photo of author, Teresa DYSON Teresa Dyson is a professional company director who has enjoyed a long career as a tax adviser, previously as a tax partner at each of Ashurst and Deloitte and as a Consultant at McCullough Robertson. Now Teresa has a broad portfolio of directorships, including as a non-executive director and Audit & Risk Committee Chair of ASX-listed Seven West Media Ltd and Genex Power Ltd. Teresa is also a director of Energy Queensland Ltd, Energy Super, Power & Water Corporation (NT) and Deputy Chair of the Gold Coast Hospital & Health Board, and a member of the Foreign Investment Review Board, the Takeovers Panel and the National Housing Finance & Investment Corporation. Teresa is also a member of the boards of not-for-profit entities including UN Women National Committee Australia, Opera Queensland and Foundation for Alcohol Research & Education. Teresa has had a broad legal practice advising on taxation issues affecting infrastructure, financial structuring, social infrastructure and taxation law. Teresa has previously been Chair of the Board of Taxation and Chair of the Law Council of Australia, Business Law Section and was named Woman Lawyer of the Year in 2011 by the Women Lawyers Association of Queensland. - Current at 08 October 2019
Click here to expand/collapse more articles by Teresa DYSON.

 

This was presented at 15th National Tax Intensive Retreat: Growing Pains - Expanding Family Businesses .

Get a 20% discount when you buy all the items from this event.

Individual sessions

The endgame - extracting value - the tax issues

Author(s):  Peter J MCKNOULTY

Materials from this session:

Financing the growing business - the taxation issues

Author(s):  Geoffrey DUNN

Materials from this session:

Capital raising for the growing business

Author(s):  Jenny HUTSON

Materials from this session:

Goodwill and taxation issues

Author(s):  Michael WALPOLE

Materials from this session:

Intellectual property and taxation

Author(s):  Teresa DYSON

Materials from this session:

Rewarding and retaining key personnel of the growing business

Author(s):  Peter GODBER

Materials from this session:

Structuring and restructuring the growing business

Author(s):  Greg TRAVERS

Materials from this session:

Further details about this event:

 

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