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Revenue Law Implications of Intangibles

Published on 18 Feb 2005 | Took place at Medina Grand Adelaide Treasury, Adelaide, SA

This seminar was designed to cater for the tax specialists who have a working knowledge of tax issues involving intangible property and who are looking to further that knowledge.

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

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Individual sessions

Tax and copyright

Author(s):  Michael BUTLER

The tax and duty implications of copyright are significant and include:

  • what is copyright? What can copyright be created in? How does copyright differ from a trade mark, a patent or an industrial design?
  • how do you distinguish and apportion, for tax and accounting purposes, between the various species of intellectual property (copyright, trade mark, patent, industrial design and goodwill)? Can goodwill be severed from a trade mark?
  • what are the tax consequences of copyright improvements? Will the act of rewriting computer code (ie recoding software in a different language) result in a new tax asset?
  • what are the tax implications of losing copyright? For example, what happens if a copyright is used industrially or a patent is obtained in respect of copyright material (the 'overlap' issue)?

These issues are explored in some detail in the case studies.

Materials from this session:

Goodwill

Author(s):  Campbell RANKINE

The issue of the GST and stamp duty consequences relating to goodwill remains vexed. This article explores these areas, as well as the various revenue law implications, in light of recent decisions.

This was also presented at the 'Revenue law - implications of intangibles' seminar held on 18 February 2005 in Adelaide.

Materials from this session:

Know-how and show-how

Author(s):  Sean VAN DER LINDEN

The tax issues to be explored in this area of intangible property include:

  • the identification and characterization of:
    • sale of know-how
    • licensing of know-how
    • personal services in support of know-how and the tax treatments thereof
  • source of know-how income?
  • Section 73B and know-how
  • CGT events D1 and H2 on know-how and show-how consideration
  • pre-CGT know-how where changes have occurred.
Materials from this session:

Patents and designs: Division 40 and GST

Author(s):  Sandy DONALDSON

This paper discusses the treatment of patents and registered designs under the capital allowance provisions of Division 40 and CGT rules, including:

  • the nature of the intellectual property rights
  • rights existing prior to the grant of a patent or registered design and the availability of CGT discounts
  • cost and cost base of intellectual property
  • term of rights and balancing adjustment events such as expiration, surrender or revocation
  • taxable purpose test
  • grant of licences and disposals.
Materials from this session: