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IP valuation is the process of establishing the arm's length or fair market value of IP assets. Intellectual property valuation assists in evaluating not just the IP's worth but also the company's overall value. Because intellectual property is typically one of a company's most valuable assets, determining an appropriate valuation hinges on properly valuing its intellectual property.
In recent years, the worldwide tax environment has changed
dramatically, with new regulatory rules and increased scrutiny of intercompany
transactions forcing many multinational corporations to reconsider their IP
ownership structures. As a result, according to the Organization for Economic
Co-operation and Development (OECD), misallocation of profits generated by
intangibles has played a significant role in base erosion and profit shifting
(BEPS), as many multinationals have transferred their intellectual property
(IP) to low-tax jurisdictions to reduce taxes and maximize profits.
How to Get
Accurate Intellectual Property Valuation Results?
IP valuation is not just the most complicated and contentious
element of intellectual property valuation businesses' work, but it's also the
sector with the most substantial planning and optimization potential. Here are
some suggestions for managing and valuing IP assets:
Be
practical and logical:
If the financial rewards associated with a specific
intellectual property appear too good to be true, they most likely are. It's
probably not the most trustworthy intellectual property value methodology to
apply if both the buyer and the seller find the results too appealing to one
side or the other.
Evaluate
the possible results:
Conducting testing to assist assess the outcomes for both the
buyer and the seller is one of the best practices to follow. You may be sure
that the techniques used are reliable if it appears that both the buyer and the
seller would consider the IP transaction to be economically fair.
Expect
dispute to valuations:
IP valuation is contentious, and tax authorities frequently disagree. As a result, taxpayers should approach IP valuation with caution. Companies should pick the intellectual property valuation technique that is the most defensible in the case of a dispute, not necessarily the one that produces the most appealing financial results, as previously stated.
Seek
professional advice:
Few firms have an in-house IP valuation specialist, and
expert assistance is required to avoid future conflicts. Working with a trained
professional lowers your risks of being subjected to an audit adjustment or,
worse, fines. If an IP valuation is wrong by a considerable amount, the IRS and
several foreign government agencies can impose fines. However, the regulations
governing applying penalties typically provide that if the appraiser's
intellectual property valuation report indicates a reasonable faith effort to
comply with the criteria, fines may not be applied, even if an adjustment is
made. Thus, a taxpayer's best first line of defense may be to hire a certified
expert to verify compliance with the applicable valuation requirements.
Need
professional advice on intellectual property valuation?
Accurate IP valuations are more complex than ever before, but
they are also more critical. Your firm may be sure that it is employing the
most appropriate intellectual property valuation procedures with the aid of a
seasoned consultant, significantly lowering the risk of disputes or penalties.
Spring Galaxy experts give professional value opinions for
all business assets, including intellectual property, for the world's biggest
businesses, and we can do the same for your company. So let's speak about your
specific IP issues and how we can collaborate to improve your company's
worldwide operations.
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