- 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