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Intellectual Property: The Key Tax Issues

Learn how to become fully equipped to deal with all aspects of tax challenges in IP – including FA 2023 changes, calculating patent box reliefs and submitting R&D reports.

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A half-day course

The course will cover the following objectives:

  • Research and development expenditure including the Finance Act 2023 changes. This includes;
    • The additional compliance obligations
    • The restriction to broadly UK activities
    • The extension of R&D to new activities.
  • Structuring an R&D project
    • The importance of records and team minutes.
  • Qualifying companies
    • Who can claim and who cannot?
  • Qualifying activities the scope of activities for R&D
    • Recent issues arising from case law.
  • How to submit an R&D report
    • The good, the bad and the ugly.
  • The calculation of R&D for large companies and SMEs.
    • This takes account of the FA 2023 changes and compares the effective tax reliefs under both systems.
  • Qualifying conditions for patent box relief.
    • This looks at the changes which tightened up the rules.
  • How to calculate patent box relief.
    • The relief has been updated so that the rate of relief remains 10% even though the corporation tax rate has increased.
  • The taxation principles of Intellectual Property income and the contrasts with accounting treatment.
    • The adjustments that are required.
  • Trademarks
    • How to value trademarks and the tax consequences.
  • Royalties and Licensing
    • Achieving an intercompany agreement which is not susceptible to a Transfer Pricing challenge.
  • Double Tax Treaties and IP
    • How double tax treaties treat Intellectual Property in a typical OECD model DTT.
  • IP and the Diverted Profits Tax regime.
    • Intellectual Property is particularly targeted in the DPT regime.
    • The seminar looks at why and how this becomes the subject of a DPT adjustment.
  • Charging and licensing arrangements.
    • Ensuring that the charges for the use of IP are commercially justifiable.
  • The tax treatment of goodwill including incorporation and the tax treatment on the sale of goodwill.
    • This looks at the several changes to the treatment of Intangible Fixed Assets from 2002 to date.

This course is delivered by a highly experienced taxation expert who currently serves as the Director of a consultancy specialising in tax strategy, share schemes, executive reward, and lecturing. He has crafted specialised services for small businesses while advising major FTSE companies on tax compliance and communication. His vast lecturing experience spans a range of Direct Taxation areas, but his core expertise lies in employment taxation and transfer pricing, both of which pose unique conceptual challenges. His practical knowledge of intellectual property taxation has become a valuable resource for multinational corporations and high-profile clients.

Prior to establishing his consultancy, the trainer spent nearly a decade at Henderson, where he led the Share Schemes team, shaping innovative reward strategies. His career includes pivotal roles at Australian Mutual Provident (AMP), where he was instrumental in launching one of the UK’s first Share Incentive Plans (SIP), garnering attention from HMRC for its ground-breaking design.

With over 16 years of experience at three of the "Big Four" accountancy firms, he held senior positions at Deloitte, dealing with an array of complex tax matters, including expatriate tax, profit-related pay, share schemes, tax investigations, and corporate tax. His deep understanding of the tax challenges surrounding intellectual property makes him an ideal leader for this course. Outside of work, his passion for history, tennis, skiing, and cricket enriches his engaging teaching style, making complex tax issues more relatable and accessible.

By the end of this course, participants will:
  • Gain an in-depth understanding of the tax implications surrounding intellectual property (IP) and be fully equipped to handle the associated challenges in a global tax landscape.
  • Master the latest changes introduced by the Finance Act 2023, ensuring compliance with updated tax legislation for IP.
  • Learn how to effectively calculate and claim Patent Box reliefs and understand the intricacies of submitting comprehensive R&D reports under the evolving tax regime.
  • Be well-versed in the strategies necessary to maximize tax reliefs linked to IP, while understanding the compliance requirements to avoid potential pitfalls with tax authorities.

The landscape of intellectual property taxation has become increasingly intricate as tax authorities worldwide balance promoting innovation with protecting revenue streams. This course is designed to navigate both the incentives and deterrents created by these authorities.

It uniquely addresses both sides of the equation: the "carrot"—generous tax reliefs such as the Patent Box and R&D credits, which have undergone significant reform in recent years—and the "stick"—anti-avoidance measures like the Diverted Profits Tax, Transfer Pricing regulations, and withholding taxes. By focusing on how tax authorities are enforcing IP tax compliance while also incentivising domestic innovation, this course offers a holistic approach that gives participants a comprehensive understanding of the opportunities and risks inherent in IP taxation.

This course stands apart by offering advanced, practical guidance on how to capitalise on tax reliefs while navigating complex compliance challenges. It also covers recent regulatory shifts and looks ahead at the likely direction of future tax reforms, arming participants with both current knowledge and forward-looking strategies.

Any professional who deals with intellectual property; whether it is R&D, patents, or trademarks, knows how to keep up to date with this area.

The past ten years have seen substantial changes in all of these areas - including:  

  • the treatment of intangible fixed assets
  • the amortisation of goodwill
  • R&D
  • Patent box

It is therefore necessary to keep on top of these changes to be able to advise clients how to take advantage of the reliefs available and to avoid the tax traps.

This course provides a thorough overview of how the UK government and other international bodies have crafted attractive tax reliefs to encourage the development of intellectual property, innovation, and research. These tax benefits have been enhanced in recent budgets, making it essential for businesses to know how to maximise these incentives to their advantage.

Participants will gain a deep understanding of the implications of the Treasury's latest review on IP taxation, as well as insights into how the Finance Act 2023 has transformed IP-related tax regulations. Special emphasis will be placed on the changes merging the small and large company regimes for R&D, and how businesses can position themselves to benefit from these reforms.

By the end of the course, attendees will be equipped to navigate the evolving tax landscape with a focus on IP, ensuring they can both secure tax reliefs and remain compliant with the most recent regulatory frameworks. Whether your focus is on protecting existing IPs or creating new intellectual property, this course will give you the tools and knowledge to optimize your tax strategy effectively.

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