Intangibles: What are the restructuring issues and how can they be avoided?
May 11, 2011
Panelists at the April 2011 International Bar Association, International Fiscal Association 11th Annual Tax Planning Strategies, US and Europe conference in Paris discussed a key aspect of the current OECD project on the transfer pricing of intangibles, namely the specification and resolution of the intangible issues that can arise in a business restructuring.
Danny Beeton, head of transfer pricing and economics at Freshfields Bruckhaus Derringer, discusses his perception, as chairman of the panel, of the issues discussed. The panel acknowledged the new guidance on intangible transfers, at paragraphs 9.80 to 9.92 of chapter IX of the 2010 OECD Transfer Pricing Guidelines but also that the OECD’s intensive consultation process, in 2010, had identified a need for a new project to address a number of issues, which had been left aside in the 2010 update of the guidelines. These issues were as follows:
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