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By Julian Hickey, Zeeshan Khilji

ISBN13: 9781526524942
Published: October 2024
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback

Description:

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 is 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.

Contents:

General Introduction
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 non­corporates
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

Keywords:
intellectual property tax, UK tax regime, corporate intangibles, R&D tax relief, patent box, crypto-assets taxation, VAT on IP, IP disputes, international IP planning, IP case studies

Target Audience:
Tax professionals, corporate accountants, legal advisors, intellectual property practitioners, researchers in taxation, corporate finance specialists, business owners, entrepreneurs, policymakers, students of taxation law

Genre:
Taxation, intellectual property, corporate law, finance, legal studies