Archive for the ‘Intellectual Property Tax’ Category

Jurisdiction for domain names

Thursday, August 11th, 2011

From Conflicts of Law Net I got this interesting case discussing the jurisdiction applicable to a domain name dispute. What are the potential tax consequences of this case?

If a domain name jurisdiction is that of its registration, may we infer that a tax presence could be deemed too? The legal reasoning of this case pave the road for this concluding statement. (more…)


Saturday, January 24th, 2009

Branded By Blog posted Software Database and Website escrow- do businesses really need it?.

In the article, UK solicitor Izaz Ali outlines the importance of using escrow as a protection for electronic IP as well as a sound business development tool.

Izaz mentioned in his article that ¨Escrow comes in to play when two parties hand over something valuable (money, contracts, software etc) to a trusted third party (who acts as the agent) to release the valuable item when certain conditions are met¨

From an international tax perspective, placing IP on escrow under certain circumstances, and in an appropriated jurisdiction may provide an advantageous tax planning tool for transactions involving software or electronic IP.

Using escrow for tax planning purposes involves careful tax planning and legal drafting of the arrangements between the parties and the escrow agent.

Any tax strategy must consider tax residence issues for the parties, escrow jurisdiction, contractual drafting and the appropriate timing for execution and completion.

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