From Assets to Profits: Competing for IP Value and Return


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Intellectual property protection strategies

For more information, visit IRS. Weather-related sales of livestock in an area eligible for federal assistance. Generally, if the sale or exchange of livestock is due to drought, flood, or other weather-related conditions in an area eligible for federal assistance, the replacement period ends 4 years after the close of the first tax year in which you realize any part of your gain from the sale or exchange. If the weather-related conditions continue for longer than 3 years, the replacement period may be extended on a regional basis until the end of your first drought-free year for the applicable region.

See Notice , I. Each year, the IRS publishes a list of counties, districts, cities, or parishes for which exceptional, extreme, or severe drought was reported during the preceding 12 months. If you qualified for a 4-year replacement period for livestock sold or exchanged on account of drought and your replacement period is scheduled to expire at the end of or at the end of the tax year that includes August 31, , see Notice , I. The replacement period will be extended under Notice if the applicable region is on the list included in Notice If you are a cash basis taxpayer, you realize gain when you receive payments that are more than your basis in the property.

If the condemning authority makes deposits with the court, you realize gain when you withdraw or have the right to withdraw amounts that are more than your basis. This applies even if the amounts received are only partial or advance payments and the full award has not yet been determined. A replacement will be too late if you wait for a final determination that does not take place in the applicable replacement period after you first realize gain.

For accrual basis taxpayers, gain if any accrues in the earlier year when either of the following occurs. All events have occurred that fix the right to the condemnation award and the amount can be determined with reasonable accuracy. For example, if you have an absolute right to a part of a condemnation award when it is deposited with the court, the amount deposited accrues in the year the deposit is made even though the full amount of the award is still contested.

If you buy your replacement property after there is a threat of condemnation but before the actual condemnation and you still hold the replacement property at the time of the condemnation, you have bought your replacement property within the replacement period. Property you acquire before there is a threat of condemnation does not qualify as replacement property acquired within the replacement period. On April 3, , city authorities notified you that your property would be condemned. On June 5, , you acquired property to replace the property to be condemned. You still had the new property when the city took possession of your old property on September 4, You have made a replacement within the replacement period.

You can request an extension of the replacement period from the IRS director for your area. You should apply before the end of the replacement period. Your request should explain in detail why you need an extension. The IRS will consider a request filed within a reasonable time after the replacement period if you can show reasonable cause for the delay.

An extension of the replacement period will be granted if you can show reasonable cause for not making the replacement within the regular period. Ordinarily, requests for extensions are granted near the end of the replacement period or the extended replacement period. Extensions usually are limited to a period of 1 year or less. The high market value or scarcity of replacement property is not a sufficient reason for granting an extension. If your replacement property is being built and you clearly show that the replacement or restoration cannot be made within the replacement period, you will be granted an extension of the period.

Send your request to the address where you filed your return, addressed as follows. Report your election to postpone reporting your gain, along with all necessary details, on a statement attached to your return for the tax year in which you realize the gain.

If a partnership or a corporation owns the condemned property, only the partnership or corporation can elect to postpone reporting the gain. If you buy the replacement property after you file your return reporting your election to postpone reporting the gain, attach a statement to your return for the year in which you buy the property.

The statement should contain detailed information on the replacement property. If you elect to postpone reporting gain, you must file an amended return for the year of the gain individuals file Form X in either of the following situations. You do not buy replacement property within the replacement period. On your amended return, you must report the gain and pay any additional tax due. The replacement property you buy costs less than the amount realized for the condemned property minus the gain you excluded from income if the property was your main home.

On your amended return, you must report the part of the gain you cannot postpone reporting and pay any additional tax due. Any deficiency for any tax year in which part of the gain is realized may be assessed at any time before the expiration of 3 years from the date you notify the IRS director for your area that you have replaced, or intend not to replace, the condemned property within the replacement period. You can change your mind about reporting or postponing the gain at any time before the end of the replacement period.

If you decide to make an election after filing the tax return and after making the payment of the tax due for the year or years in which any of the gain on the involuntary conversion is realized, and before the expiration of the period with which the converted property must be replaced, file a claim for refund for such year or years. You reported the gain on your return for the year in which you realized it, and paid the tax due. You buy replacement property within the replacement period.

You should file a claim for refund on Form X or other applicable amended return. Generally, you report gain or loss from a condemnation on your return for the year you realize the gain or loss. Report gain from a condemnation of property you held for personal use other than excluded gain from a condemnation of your main home or postponed gain on Form or Schedule D Form , as applicable.

Do not report loss from a condemnation of personal-use property. But, if you received a Form S for example, showing the proceeds of a sale of real estate under threat of condemnation , you must show the transaction on Form and Schedule D Form , as applicable, even though the loss is not deductible.

Report gain other than postponed gain or loss from a condemnation of property you held for business or profit on Form If you had a gain, you may have to report all or part of it as ordinary income. Certain exchanges of property are not taxable. This means any gain from the exchange is not recognized, and any loss cannot be deducted. Your gain or loss will not be recognized until you sell or otherwise dispose of the property you receive.

Generally, if you exchange real property you use in your business or hold for investment solely for other business or investment real property of a like-kind, you do not recognize the gain or loss from the exchange. However, if you also receive non-like-kind property or money as part of the exchange, you recognize gain to the extent of the value of the other property or money you received in the exchange. And, you do not recognize any loss. In general, your gain or loss will not be recognized until you sell or otherwise dispose of the property you receive in the exchange.

See Qualifying property, later, for details on property that qualify and exceptions. The exchange of property for the same kind of property is the most common type of nontaxable exchange. To be a like-kind exchange, the property traded and the property received must be both of the following. Additional requirements apply to exchanges in which the property received as like-kind property is not received immediately upon the transfer of the property given up. See Deferred Exchange, later. If the like-kind exchange involves the receipt of money or unlike property or the assumption of your liabilities, see Partially Nontaxable Exchanges, later.

If the like-kind exchange involves a portion of a MACRS asset and gain is not recognized in whole or in part, the partial disposition rules in Treasury Regulations section 1. The like-kind exchange rules also apply to property exchanges that involve three- and four-party transactions. Any part of these multiple-party transactions can qualify as a like-kind exchange if it meets all the requirements described in this section.

If you receive property in a like-kind exchange and the other party who transfers the property to you does not give you the title, but a third party does, you still can treat this transaction as a like-kind exchange if it meets all the requirements. If you acquire property in a like-kind exchange, the basis of the property you receive is generally the same as the basis of the property you transferred.

For the basis of property received in an exchange that is only partially nontaxable, see Partially Nontaxable Exchanges, later. If, in addition to giving up like-kind property, you pay money in a like-kind exchange, the basis of the property received is the basis of the property given up, increased by the money paid. Report the exchange of like-kind property, even though no gain or loss is recognized, on Form , Like-Kind Exchanges. The instructions for Form explain how to report the details of the exchange. If you have any recognized gain because you received money or unlike property, report it on Form , Schedule D Form , or Form , as applicable.

See chapter 4. You may have to report the recognized gain as ordinary income from depreciation recapture. Exchange expenses generally are the closing costs you pay. They include such items as brokerage commissions, attorney fees, and deed preparation fees. Subtract these expenses from the consideration received to figure the amount realized on the exchange. If you receive cash or unlike property in addition to the like-kind property and realize a gain on the exchange, subtract the expenses from the cash or fair market value of the unlike property.

Then, use the net amount to figure the recognized gain. See Partially Nontaxable Exchanges, later. The nonrecognition rules for like-kind exchanges apply only to exchanges of real property held for investment or for productive use in your trade or business and not held primarily for sale. Exceptions apply to property disposed of before January 1, , or to property received in an exchange before January 1, In a like-kind exchange, both the real property you give up and the real property you receive must be held by you for investment or for productive use in your trade or business.

Buildings, land, and rental property are examples of property that may qualify. You may have a nontaxable exchange under other rules. See Other Nontaxable Exchanges, later. A dwelling unit home, apartment, condominium, or similar property may, for purposes of a like-kind exchange, qualify as property held for productive use in a trade or business or for investment purposes if certain requirements are met. See Revenue Procedure , I. An exchange of the assets of a business for the assets of a similar business cannot be treated as an exchange of one property for another property.

Whether you engaged in a like-kind exchange depends on an analysis of each asset involved in the exchange. However, see Multiple Property Exchanges , later. To qualify for the non-recognition rules, there must be an exchange of like-kind property. Like-kind properties are properties of the same nature or character, even if they differ in grade or quality. The exchange of real estate for real estate is an exchange of like-kind property. An exchange of city property for farm property, or improved property for unimproved property, is a like-kind exchange.

The exchange of real estate you own for a real estate lease that runs 30 years or longer is a like-kind exchange. However, not all exchanges of interests in real property qualify. The exchange of a life estate expected to last less than 30 years for a remainder interest is not a like-kind exchange. An exchange of a remainder interest in real estate for a remainder interest in other real estate is a like-kind exchange if the nature or character of the two property interests is the same.

Real property located in the United States and real property located outside the United States are not considered like-kind exchange rules. If you exchange foreign real property for property located in the United States, your gain or loss on the exchange is recognized. Foreign real property is real property not located in a state or the District of Columbia. This foreign real property exchange rule does not apply to the replacement of condemned real property. Foreign and U. See Postponement of Gain under Involuntary Conversions , earlier. A deferred exchange is an exchange in which you transfer property you use in business or hold for investment and later receive like-kind property you will use in business or hold for investment.

The property you receive is replacement property. The transaction must be an exchange of property for property rather than a transfer of property for money used to buy replacement property. In addition, the replacement property will not be treated as like-kind property unless the identification and the receipt requirements discussed later are met. If, before you receive the replacement property, you actually or constructively receive money or unlike property in full consideration for the property you transfer, the transaction will be treated as a sale rather than a deferred exchange.

In that case, you must recognize gain or loss on the transaction, even if you later receive the replacement property. It would be treated as if you bought the replacement property. If, before you receive the replacement property, you actually or constructively receive money or unlike property in less than full consideration for the property you transfer, the transaction will be treated as a partially taxable exchange. See Partially Nontaxable Exchanges , later.

For purposes of a deferred exchange, you actually receive money or unlike property when you receive the money or unlike property or receive the economic benefit of the money or unlike property. You constructively receive money or unlike property when the money or unlike property is credited to your account, set apart for you, or otherwise made available for you so that you can draw upon it at any time or so that you can draw upon it if you give notice of intention to do so.

You do not constructively receive money or unlike property if your control of receiving it is subject to substantial limitations or restrictions. However, you constructively receive money or unlike property when the limitations or restrictions lapse, expire, or are waived. Whether you actually or constructively receive money or unlike property is determined without regard to your method of accounting. Actual or constructive receipt of money or unlike property by your agent is actual or constructive receipt by you.

Whether you actually or constructively receive money or unlike property is determined without regard to certain arrangements you make to ensure the other party carries out its obligations to transfer the replacement property to you. You must identify the property to be received within 45 days after the date you transfer the property given up in the exchange.

This period of time is called the identification period. Any property received during the identification period is considered to have been identified. If you transfer more than one property as part of the same transaction and the properties are transferred on different dates, the identification period and the exchange period begin on the date of the earliest transfer. You must identify the replacement property in a signed written document and deliver it to the person obligated to transfer the replacement property or any other person involved in the exchange other than you or a disqualified person.

See Disqualified persons , later. You must clearly describe the replacement property in the written document. For example, use the legal description or street address for real property and the make, model, and year for a car. In the same manner, you can cancel an identification of replacement property at any time before the end of the identification period. You can identify more than one replacement property. However, regardless of the number of properties you give up, the maximum number of replacement properties you can identify is:.

Any number of properties whose total fair market value at the end of the identification period is not more than double the total fair market value, on the date of transfer, of all properties you give up. If, as of the end of the identification period, you have identified more properties than permitted under this rule, the only property that will be considered identified is;. Any replacement property you received before the end of the identification period, and.

Fair market value is determined on the earlier of the date you received the property or the last day of the exchange period. See Receipt requirement , later. Do not treat property incidental to a larger item of property as separate from the larger item when you identify replacement property. Property is incidental if it meets both the following tests. Gain or loss from a deferred exchange can qualify for nonrecognition even if the replacement property is not in existence or is being produced at the time you identify it as replacement property. If you need to know the fair market value of the replacement property to identify it, estimate its fair market value as of the date you expect to receive it.

The property must be received by the earlier of the following dates. The th day after the date on which you transfer the property given up in the exchange. The due date, including extensions, for your tax return for the tax year in which the transfer of the property given up occurs. This period of time is called the exchange period. You must receive substantially the same property that met the identification requirement, discussed earlier. In some cases, the replacement property may have been produced after you identified it as described earlier in Replacement property to be produced.

In that case, to determine whether the property you received was substantially the same property that met the identification requirement, do not take into account any variations due to usual production changes. Substantial changes in the property to be produced, however, will disqualify it. If your replacement property is real property that had to be produced and it is not completed by the date you receive it, it still may qualify as substantially the same property you identified.

Competing for IP Value and Return

It will qualify only if, had it been completed on time, it would have been considered to be substantially the same property you identified. It is considered to be substantially the same only to the extent it is considered real property under local law. However, any additional production on the replacement property after you receive it does not qualify as like-kind property. To this extent, the transaction is treated as a taxable exchange of property for services. Generally, in a deferred exchange, if the amount of money or property you are entitled to receive depends upon the length of time between when you transfer the property given up and when you receive the replacement property, you are treated as being entitled to receive interest or a growth factor.

The interest or growth factor will be treated as interest, regardless of whether it is paid in like-kind property, money, or unlike property. Include this interest in your gross income according to your method of accounting. If you transferred property in a deferred exchange and an exchange facilitator holds exchange funds for you and pays you all the earnings on the exchange funds according to an escrow agreement, trust agreement, or exchange agreement, you must take into account all items of income, deduction, and credit attributable to the exchange funds.

If, in accordance with an escrow agreement, trust agreement, or exchange agreement, an exchange facilitator holds exchange funds for you and keeps some or all the earnings on the exchange funds in accordance with the escrow agreement, trust agreement, or exchange agreement, you will be treated as if you had loaned the exchange funds to the exchange facilitator. You must include in income any interest that you receive and, if the loan is a below-market loan, you must include in income any imputed interest.

Exchange funds include relinquished property, cash, or cash equivalent that secures an obligation of a transferee to transfer replacement property, or proceeds from a transfer of relinquished property, held in a qualified escrow account, qualified trust, or other escrow account, trust, or fund in a deferred exchange. An exchange facilitator is a qualified intermediary, transferee, escrow holder, trustee, or other person that holds exchange funds for you in a deferred exchange under the terms of an escrow agreement, trust agreement, or exchange agreement.

For more information relating to the current taxation of qualified escrow accounts, qualified trusts, and other escrow accounts, trusts, and funds used during deferred exchanges of like-kind property, see Treasury Regulations sections 1. For purposes of 1 above, a person who has acted as your employee, attorney, accountant, investment banker or broker, or real estate agent or broker within the 2-year period ending on the date of the transfer of the first of the relinquished properties is your agent at the time of the transaction. However, solely for purposes of whether a person is a disqualified person as your agent, the following services for you are not taken into account.

Services with respect to exchanges of property intended to qualify for nonrecognition of gain or loss as like-kind exchanges. Routine financial, title insurance, escrow, or trust services by a financial institution, title insurance company, or escrow company. For this purpose, a bank affiliate is a corporation whose principal activity is rendering services to facilitate exchanges of property intended to qualify for nonrecognition of gain under section of the Internal Revenue Code and all of whose stock is owned by either a bank or a bank-holding company.

The following arrangements will not result in actual or constructive receipt of money or unlike property in a deferred exchange. You will not actually or constructively receive money or unlike property before you actually receive the like-kind replacement property just because your transferee's obligation to transfer the replacement property to you is secured or guaranteed by one or more of the following. A mortgage, deed of trust, or other security interest in property other than in cash or a cash equivalent.

A standby letter of credit that satisfies all the following requirements. Not negotiable, whether by the terms of the letter of credit or under applicable local law;. Not transferable except together with the evidence of indebtedness which it secures , whether by the terms of the letter of credit or under applicable local law;. Serves as a guarantee of the evidence of indebtedness which is secured by the letter of credit; and.

May not be drawn on in the absence of a default in the transferee's obligation to transfer the replacement property to you. The protection against actual and constructive receipt ends when you have an immediate ability or unrestricted right to receive money or unlike property under the security or guarantee arrangement. You will not actually or constructively receive money or unlike property before you actually receive the like-kind replacement property just because your transferee's obligation is secured by cash or cash equivalent if the cash or cash equivalent is held in a qualified escrow account or qualified trust.

This rule applies for the amounts held in the qualified escrow account or qualified trust even if you receive money or unlike property directly from a party to the exchange. An escrow account is a qualified escrow account if both of the following conditions are met. The escrow holder is neither you nor a disqualified person. See Disqualified persons , earlier. The escrow agreement expressly limits your rights to receive, pledge, borrow, or otherwise obtain the benefits of the cash or cash equivalent held in the escrow account.

For more information on how to satisfy this condition, see Additional restrictions on safe harbors , later. A trust is a qualified trust if both of the following conditions are met. The trustee is neither you nor a disqualified person. For purposes of whether the trustee of a trust is a disqualified person, the relationship between you and the trustee created by the qualified trust will not be considered a relationship between you and a related person.

The trust agreement expressly limits your rights to receive, pledge, borrow, or otherwise obtain the benefits of the cash or cash equivalent held by the trustee. The protection against actual and constructive receipt ends when you have an immediate ability or unrestricted right to receive, pledge, borrow, or otherwise obtain the benefits of the cash or cash equivalent held in the qualified escrow account or qualified trust.

If you transfer property through a qualified intermediary, the transfer of the property given up and receipt of like-kind property is treated as an exchange. This rule applies even if you receive money or unlike property directly from a party to the transaction other than the qualified intermediary.

A qualified intermediary is a person who is not a disqualified person discussed earlier and who enters into a written exchange agreement with you and, as required by that agreement:. For determining whether an intermediary acquires and transfers property, the following rules apply. An intermediary is treated as acquiring and transferring property if the intermediary acquires and transfers legal title to that property.

An intermediary is treated as acquiring and transferring the property you give up if the intermediary either on its own behalf or as the agent of any party to the transaction enters into an agreement with a person other than you for the transfer of that property to that person, and, pursuant to that agreement, that property is transferred to that person that is, by direct deed from you.

An intermediary is treated as acquiring and transferring replacement property if the intermediary either on its own behalf or as the agent of any party to the transaction enters into an agreement with the owner of the replacement property for the transfer of that property and, pursuant to that agreement, the replacement property is transferred to you that is, by direct deed to you. An intermediary is treated as entering into an agreement if the rights of a party to the agreement are assigned to the intermediary and all parties to that agreement are notified in writing of the assignment by the date of the relevant transfer of property.

The written exchange agreement must expressly limit your rights to receive, pledge, borrow, or otherwise obtain the benefits of money or unlike property held by the qualified intermediary. Safe harbor method for reporting gain or loss when qualified intermediary defaults. Generally, if a qualified intermediary is unable to meet its contractual obligations to you or otherwise causes you not to meet the deadlines for identifying or receiving replacement property in a deferred or reverse exchange, your transaction may not qualify as a tax-free deferred exchange.

In that case, any gain may be taxable in the current year. However, if a qualified intermediary defaults on its obligation to acquire and transfer replacement property because of bankruptcy or receivership proceedings, and you meet the requirements of Revenue Procedure , you may be treated as not having actual or constructive receipt of the proceeds of the exchange in the year of sale of the property you gave up. If you meet the requirements, you can report the gain in the year or years payments or debt relief treated as payments are received, using the safe harbor gross profit ratio method.

Multiple-party transactions involving related persons. If you transfer property given up to a qualified intermediary in exchange for replacement property formerly owned by a related person, you may not be entitled to nonrecognition treatment if the related person receives cash or unlike property for the replacement property. You will not be in actual or constructive receipt of money or unlike property before you actually receive the like-kind replacement property just because you are or may be entitled to receive any interest or growth factor in the deferred exchange.

This rule applies only if the agreement under which you are or may be entitled to the interest or growth factor expressly limits your rights to receive the interest or growth factor during the exchange period. See Additional restrictions on safe harbors below. In order to come within the protection of the safe harbors against actual and constructive receipt of money and unlike property discussed above, the agreement must provide that you have no rights to receive, pledge, borrow, or otherwise obtain the benefits of money or unlike property before the end of the exchange period. However, the agreement can provide you with the following limited sets of rights.

If you have not identified replacement property by the end of the identification period, you can have rights to receive, pledge, borrow, or otherwise obtain the benefits of the cash or cash equivalent after the end of the identification period. If you have identified replacement property, you can have rights to receive, pledge, borrow, or otherwise obtain the benefits of the cash or cash equivalent when or after you receive all the replacement property you are entitled to receive under the exchange agreement.

If you have identified replacement property, you can have rights to receive, pledge, borrow, or otherwise obtain the benefits of the cash or cash equivalent on the occurrence of a contingency that is related to the exchange, provided for in writing, and beyond your control or the control of any disqualified person other than the person obligated to transfer the replacement property. The like-kind exchange rules generally do not apply to an exchange in which you acquire replacement property new property before you transfer relinquished property property you give up.

However, if you use a qualified exchange accommodation arrangement QEAA , the transfer may qualify as a like-kind exchange. For details, see Revenue Procedure , I. Under a QEAA, either the replacement property or the relinquished property is transferred to an exchange accommodation titleholder EAT , discussed later, who is treated as the beneficial owner of the property.

However, for transfers of qualified indications of ownership defined later , the replacement property held in a QEAA may not be treated as property received in an exchange if you previously owned it within days of its transfer to the EAT. If the property is held in a QEAA, the IRS will accept the qualification of property as either replacement property or relinquished property and the treatment of an EAT as the beneficial owner of the property for federal income tax purposes.

Property is held in a QEAA only if all the following requirements are met. The time limits for identifying and transferring the property are met. The qualified indications of ownership of property are transferred to an EAT. The agreement must provide all the following. The EAT is holding the property for your benefit in order to facilitate an exchange under the like-kind exchange rules and Revenue Procedure , as modified by Revenue Procedure You and the EAT agree to report the acquisition, holding, and disposition of the property on your federal income tax returns in a manner consistent with the agreement.

The EAT will be treated as the beneficial owner of the property for all federal income tax purposes. Property can be treated as being held in a QEAA even if the accounting, regulatory, or state, local, or foreign tax treatment of the arrangement between you and the EAT is different from the treatment required by the written agreement as discussed above. When the qualified indications of ownership of the property are transferred to the EAT, it must be your bona fide intent that the property held by the EAT represents either replacement property or relinquished property in an exchange intended to qualify for nonrecognition of gain in whole or in part or loss under the like-kind exchange rules.

Under a QEAA, the following time limits for identifying and transferring the property must be met. No later than 45 days after the transfer of qualified indications of ownership of the replacement property to the EAT, you must identify the relinquished property in a manner consistent with the principles for deferred exchanges. See Identification requirement , earlier, under Deferred Exchange.

One of the following transfers must take place no later than days after the transfer of qualified indications of ownership of the property to the EAT. The replacement property is transferred to you either directly or indirectly through a qualified intermediary, defined earlier under Qualified intermediary. The relinquished property is transferred to a person other than you or a disqualified person. A disqualified person is either of the following. Your agent at the time of the transaction.

This includes a person who has been your employee, attorney, accountant, investment banker or broker, or real estate agent or broker within the 2-year period before the transfer of the relinquished property. The combined time period the relinquished property and replacement property are held in the QEAA cannot be longer than days. Hold qualified indications of ownership defined next at all times from the date of acquisition of the property until the property is transferred as described in 2 above. Be someone other than you or a disqualified person as defined in 2 b above. Be subject to federal income tax.

Other indications of ownership of the property that are treated as beneficial ownership of the property under principles of commercial law for example, a contract for deed. Interests in an entity that is disregarded as an entity separate from its owner for federal income tax purposes for example, a single member limited liability company and that holds either legal title to the property or other indications of ownership. Property will not fail to be treated as being held in a QEAA as a result of certain legal or contractual arrangements, regardless of whether the arrangements contain terms that typically would result from arm's-length bargaining between unrelated parties for those arrangements.

For a list of those arrangements, see Revenue Procedure If, in addition to like-kind property, you receive money or unlike property in an exchange of like-kind property on which you realize a gain, you may have a partially nontaxable exchange. If you realize a gain on the exchange, you must recognize the gain you realize see Amount recognized , earlier to the extent of the money and the fair market value of the unlike property you receive in the exchange. If you realize a loss on the exchange, no loss is recognized. However, see Unlike property given up below.

The recognized taxable gain on the disposition of the like-kind property you give up is the smaller of two amounts. The first is the amount of gain realized. The second is the limit of recognized gain. To figure the limit on recognized gain, add the money you received and the fair market value of any unlike property you received.

Reduce this amount but not below zero by any exchange expenses closing costs you paid. Compare that amount to your gain realized. Your recognized taxable gain is the smaller of the two. For purposes of figuring your realized gain, add any liabilities assumed by the other party to your amount realized. Subtract any liabilities of the other party that you assume from your amount realized. For purposes of figuring the limit of recognized gain, if the other party to a nontaxable exchange assumes any of your liabilities, you will be treated as if you received money in the amount of the liability.

You can decrease but not below zero the amount of money you are treated as receiving by the amount of the other party's liabilities that you assume and by any cash you pay, or unlike property you give up.

For more information on the assumption of liabilities, see section d of the Internal Revenue Code. For more information on the treatment of the assumption of liabilities in a sale or exchange, see Treasury Regulations section 1. The other party in the trade agreed to pay off the mortgage.

Read From Assets to Profits: Competing for IP Value and Return (Bruc…

Figure the gain realized as follows. If, in addition to like-kind property, you give up unlike property, you must recognize gain or loss on the unlike property you give up. The gain or loss is equal to the difference between the fair market value of the unlike property and the adjusted basis of the unlike property. Intellectual Property. Replacement Value.

February By Patrick Sullivan and Suzanne Harrison. Download it once and read it on your Kindle device, PC, phones or tablets. The valuation analysts use numerous approaches in order to reach a reasonable indication of a defined value for the subject intangible assets on a certain date which is referred to as the valuation date. The most common approaches to estimate the fundamental or fair value of the intellectual property are defined as the following:.

Relevance of intellectual property for business - The Economic Times. Intellectual Property IP valuation is an increasingly important aspect of managing assets in the currently complex and ever-changing business world. This post outlines the three accepted valuation approaches and comments on their application in measuring IP. Guidelines on recognition and valuation of assets.

Global taxation of intellectual property: new and emerging tax policies create high-stakes balancing act 3 Intellectual property IP is a matter of high stakes, going ever higher. FREE shipping on qualifying offers. Edited by IP communications. Intangible assets: what are they worth and how should. Business Chapter 6 Flashcards Quizlet. IP ownership has to be considered as a bundle of rights or privileges divided among IP Value Post-tax operating profit Capital employed x required return.

If the company sells the donated asset above its fair market value, then the amount over the fair market value is revenue. For example, a nonprofit auctions off a trip to Hawaii Edited by IP communications expert Bruce Berman, and with contributions from the top names in IP management, investment and consulting, From Assets.

Valuation in Intellectual Property Accounting Ralph Heinrich UNECE Team of Specialists on Intellectual which activities contribute how much to profits losses, intangible asset values can be adjusted over time using one of 2 models — Cost model: initial. Appraising and amortizing noncompete covenants.

Valuation of Technology-Related Intangible Assets. Return on assets ROA is a financial ratio that shows the percentage of profit that a company earns in relation to its overall resources total assets. Return on assets is a key profitability ratio which measures the amount of profit made by a company per dollar of its assets. It shows the company s ability to generate profits before leverage, rather than by using leverage.

Amortization of Certain Intangible Assets. Amortization of Certain Intangible Assets The value of the asset on the balance sheet may be higher or lower than its fair value based on information about the contract. If a company determines that a previously unamortized asset has a finite useful life, the company should begin to amortize it from that point on. Licensing of Intellectual Property Assets Of CEO and a new type of business competition--one in which intellectual property, not fixed assets, have become the principal sources of shareholder wealth and competitive advantage.

The rise of the knowledge economy means that the intellectual property owned by a company is likely to determine its future economic success. Accurately pricing your intellectual property - TechRepublic. Like a profit-oriented company, a nonprofit corporation can sign contracts, purchase and sell assets, borrow and do all the things necessary to run efficient activities and fulfill its operational.

Competition law in general is suspicious of blanket arrangements, although this is changing. Intellectual property is usually utilised as part of a business enterprise, where the intellectual capital, tangible assets, such as plant and machinery and working capital are together utilised to achieve a return on the sum total of those assets.

This then provides a basis for calculating the element of the return that can be attributed to the intangible assets or intellectual property. This in turn then provides the starting point for the quantification of the appropriate royalty rate. A function and risk analysis takes place for the proposed transfer.

As well as market and comparability from uncontrolled transactions, this may involve an analysis of transaction-based and profit-based methods in the regulations. Some of the comparisons are: return on cost, return on sales and return on assets. The recognition of the importance of accurate qualification of royalty rates and the like is a relatively recent phenomenon. One may examine carefully royalty rates established by the proposed licensor in previous licence agreements using similar IP.

This approach examines specifics such as:. Even if previous licensing practice is comparable, it can only provide a benchmark. IP by its nature is unique and it is often a thankless task making numerous and required adjustments to allow a fair comparison. Many industries have built up a folklore of average royalty rates. This information is accessed by valuers from sector analysis, experience and essentially from your own proprietary database. That database of information will summarise main terms and conditions, lump sums and rates in order that valid comparative data can be withdrawn.

When a licensor and potential licensee sit down to negotiate a licence of IP right, if well advised, they would normally complete two tasks.

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First they must identify the range of exclusivity defined by the IP and second they must assign to that exclusivity an economic value limit. A licensor views his economic limit as the least amount it would be willing to accept for sharing with a licensee the exclusivity or degree of exclusivity, afforded by the IP.

A licensee meanwhile would view his economic limit as the most he would be willing to pay for access to the IP led technology, brand etc. Another method is described as general business profit approach. Costs are established as a percentage of sales for the total business. Structuring the deal will thus have an important impact on the royalty rate agreed upon and there are various forms.

While a gross sales and turnover base introduces less room for argument, many licences and licensing agreements use a royalty base of net sales. IP rights are of utmost importance and provide the bulk of the value of many businesses. Given their value and mobility, and the fact that IP rights can and probably should now be divorced from manufacturing and day to day operations, the development and management of IP rights should be at the forefront of financial planning in the modern world. That has tax consequences. Managing capital values income from IP in a tax efficient way is vital.

Valuation is an integral part of such management. By choosing to license intra group rights of varying length and intensity for default periods a series of incomes streaming into one or more favourable jurisdictions can be achieved, and IP valuations increased.

From Assets to Profits: Competing for IP Value & Return

Some IP is mobile, while others are less mobile. They are not like land, plant, or machinery, which tend to be fixed to the location where they are to be found. What is apparent from the outside looking into a group and its IP, is equally apparent internally. While it is obvious that owners need to protect their IP against external users, what is less obvious, but can be equally damaging is where the use of IP is unregulated within a group of companies.

Competing rights, with all of the problems that can arise are thereby set up. Once the process of identification is complete, the next stage is to decide on the location of the company which will be designated to hold the IP. The first step to realisation is due diligence. This is required to identify all IP and related rights including any rights which have been applied for but not yet granted , which companies in a group have used those rights, what licences if any exist, and whether any of the rights are registered.

It is important to understand what existing structures exist and any fragmentation of the existing IPR within the business.

From Assets to Profits: Competing for IP Value and Return From Assets to Profits: Competing for IP Value and Return
From Assets to Profits: Competing for IP Value and Return From Assets to Profits: Competing for IP Value and Return
From Assets to Profits: Competing for IP Value and Return From Assets to Profits: Competing for IP Value and Return
From Assets to Profits: Competing for IP Value and Return From Assets to Profits: Competing for IP Value and Return
From Assets to Profits: Competing for IP Value and Return From Assets to Profits: Competing for IP Value and Return

Related From Assets to Profits: Competing for IP Value and Return



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