Peter Barnes Comments on Marketing Intangibles

04.29.2019
Law360 Tax Authority

An OECD proposal to overhaul international tax rules hinges on defining and measuring the intellectual property used to promote products, which tax experts fear could be a nearly impossible task for today’s complex and nebulous digital marketplace.

. . .

“The downside is that valuing the marketing intangible is extremely difficult, and subjective,” said Peter Barnes, a professor of tax at Duke University School of Law and a former international tax counsel at General Electric Co. [Mr. Barnes is also Of Counsel to Caplin & Drysdale.] “I think cases involving marketing intangibles will be excruciating for both taxpayers and the government.”

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Excerpt taken from the article “Defining Marketing, Trademark IP Could Sink OECD Tax Plan” by Alex Parker for Law360 Tax Authority.

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