Given the ECJ decision in Cadbury Schweppes the emphasis on substance throughout these proposals is perhaps not very surprising. What however was more unexpected was the suggestion that where intellectual property is transferred out of the UK HMRC might look to apply an additional tax charge; where the price at the date of transfer is difficult to calculate and the value of the intellectual property has significantly increased following that transfer. This idea seems to be very similar to the highly controversial commensurate-with-income standard imposed by the US transfer...
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Given the ECJ decision in Cadbury Schweppes the emphasis on substance throughout these proposals is perhaps not very surprising. What however was more unexpected was the suggestion that where intellectual property is transferred out of the UK HMRC might look to apply an additional tax charge; where the price at the date of transfer is difficult to calculate and the value of the intellectual property has significantly increased following that transfer. This idea seems to be very similar to the highly controversial commensurate-with-income standard imposed by the US transfer...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
