IPGlobal - Service

PROTECTION OF INTANGIBLES

We cover all law aspects of intangible property and its protection (patents, designs, brands and contracts for know-how and commercial secrets); we help to define which type of protection is the best on a case-by-case basis. Sometimes the patent is not so solid as it seems and it is better to protect the asset by a specific contract.

An intangible asset is an asset that lacks physical substance (unlike such assets as machinery and buildings) and usually is, by its very nature, hard to protect. It includes intellectual property, patents, copyrights, franchises, goodwill, trademarks, trade names, computer based assets, etc. If protected prudently and used properly, they may bring much more benefits for any company than a tangible asset.

ACCOUNTING ISSUES

We offer accounting follow up for the companies and private clients who possess intangible assets.

One of the challenges associated with accounting for intangible assets is identifying and valuing them. What may seem like an intangible asset to one party may appear to be a liability to another. This value is typically impossible to confirm due to the inability to liquidate a holding of the asset since intangible assets are typically highly illiquid. Another challenge is that the rate and complexity of newly emerging technologies can make it difficult to maintain awareness of intangible asset holdings.

Financing / bank assistance and follow up

We assist companies with intangible assets in finding and raising funds to develop their projects. It could be both business angels and equity investors. Together with the client we develop a business plan that will help to get the necessary funding and supervise the client until the end of the project.

Optimization and (re)structuring

(Re)structuring and relocation of companies and assets taking into account changes in tax legislation of different jurisdictions after the introduction of the BEPS plan. For intangible assets we offer (re)structuring and relocation according to the “modified nexus” principle and new norms of tax transparency, coherence and substance but simultaneously trying to find an optimized tax burden for your IP assets.

Taxation and special regimes

Depending on the jurisdiction of the company that owns intangible assets, we will help you to analyze your intangibles and determine if you have the right for R&D deductions, and if so, in what jurisdiction, volume and for what specific type of intangibles. As to the profit from intangibles, what assets are qualifying profits from intangibles and which of your assets fall under the special tax regime of IP box. We will also provide advice as to what jurisdiction is the best to develop these assets, how to protect them in order to have the right to use all possible IP box and IP box regime according to all the recent changes into tax legislation of various countries after the introduction of BEPS (Base Erosion and Profit Shifting OECD action plan impacting national legislations). Businesses that invest in innovation can get research and development tax relief. Innovation can be anything like: developing new systems, processes, products, new materials, devices or any changes to the way your business works. So your business may be already doing R&D!

Transfer Pricing

The abuse of various tax benefits has driven OECD to develop BEPS plan, detailed recommendations from which will soon be implemented in national legislation almost all over the world. Tax authorities are challenging prices and rates for transactions between related parties to increase tax burden. The goal in any transfer pricing valuation project is to ensure that the sale price/ royalty rate to transfer a piece of IP between related or affiliated companies reflects market conditions, so that tax authorities in both countries consider the process transparent. That is why it is crucial to properly assess transfer pricing documentation both to meet the burden of compliance and to avoid costly penalties. If you prepare all documentation for your tax authorities, you will choose the method that will reflect the specificity of your business.

Our company offers the following services in Transfer Pricing: assets valuation for tax rulings and M&A, documentation and calculation of royalties, profit and cost allocation for related companies, Functional Analysis, Economic Analysis, Evaluation of IP, Transfer Pricing Policy, Business Restructuring, Due Diligence process, Transfer Pricing Documentation, and MAP.

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