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An Introduction to the Taxation of Intellectual Property in Australia

Published on 12 Oct 2010 | Took place at Hilton, Sydney, NSW

This event was designed for those who want a good background to the way in which intellectual property is taxed in Australia, including:

  • younger practitioners or those who want to focus on, or update their knowledge in this area
  • IP practitioners wanting an understanding of the tax aspects associated with IP
  • those involved in the creation and/or acquisition of IP or the disposal of IP
  • those responsible within a corporate organisation for capturing and allocating and accounting for costs associated with the creation and/or acquisition of IP.
This event was intended for people with a predominant interest in income tax rather than other taxes.

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Individual sessions

Different forms of intellectual property created by statute

Author(s):  James (Jim) COOPER This paper covers:

  • copyright and the registered monopolies
  • copyright and related rights
  • the Designs Act
  • trade mark
  • the patent system.
Materials from this session:

Different forms of intellectual property and allied rights not created by statute

Author(s):  Bruce GORDON This paper covers:

  • protection against misappropriation of business reputation - the tort of passing off
  • confidential information, trade secrets, know how and show how.
Materials from this session:

Tax consequences of disposing of intellectual property

Author(s):  Daniel SYDES This paper covers:

  • intellectual property and the tax asset categories
  • amounts excluded from the tax cost on disposal of an asset
  • amounts for which other tax relief can be claimed
  • selling shares in a company which holds the intellectual property.
Materials from this session:

Tax consequences of exploiting intellectual property (either acquired or created) - Treatment of proceeds

Author(s):  David J WILLIAMS This paper covers:

  • treatment of exploitation proceeds
  • legally ineffective arrangements
  • taxation by assessment
  • the treatment of specific types of transactions
  • situations where IP is trading stock.
Materials from this session:

Potential deductions arising from creating or exploiting intellectual property

Author(s):  Kate WALTERS This paper covers:

  • the capital versus revenue distinction
  • uniform capital allowances - Division 40
  • opportunities under tax consolidations
  • tax concessions and incentives.
Materials from this session:

Structuring ownership of intellectual property

Author(s):  Eddy MOUSSA This paper covers:

  • offshore ownership models
  • onshore ownership models
  • risk areas
  • emerging issues.
Materials from this session:

Case study to consolidate the learning

Author(s):  Simon THORP This presentation covers:

  • case study 1 - Aus IP lifecycle
  • case study 2 - transaction structures
  • case study 3 - international IP lifecycle.
Materials from this session: