DHL Corporation and Subsidiaries - Page 13

                                        - 102 -                                       
               Trademarks, trade names, brand names, and other similar                
          items are treated as intangible property and are covered by                 
          section 1.482-2(d),Income Tax Regs. (1968), which deals with the            
          transfer or use of intangible property.  Section 1.482-                     
          2(d)(2)(ii), Income Tax Regs., provides the general rule that, in           
          determining “the amount of an arm’s length consideration, the               
          standard to be applied is the amount that would have been paid by           
          an unrelated party for the same intangible property under the               
          same circumstances.”  The regulation goes on to enumerate the               
          following factors that may be considered in arriving at the                 
          amount of the arm’s-length consideration:                                   
                    (a) The prevailing rates in the same industry or                  
               for similar property,                                                  
                    (b) The offers of competing transferors or the bids of            
               competing transferees,                                                 
                    (c) The terms of the transfer, including limitations on           
               the geographic area covered and the exclusive or                       
               nonexclusive character of any rights granted,                          
                    (d) The uniqueness of the property and the period for             
               which it is likely to remain unique,                                   
                    (e) The degree and duration of protection afforded to             
               the property under the laws of the relevant countries,                 
                    (f) Value of services rendered by the transferor to the           
               transferee in connection with the transfer within the                  
               meaning of paragraph (b)(8) of this section,                           
                    (g) Prospective profits to be realized or costs to be             
               saved by the transferee through its use or subsequent                  
               transfer of the property,                                              
                    (h) The capital investment and starting up expenses               
               required of the transferee,                                            
                        *     *     *     *     *     *     *                         



Page:  Previous  92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  Next

Last modified: May 25, 2011