Published on 18 Feb 05
by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE
The tax and duty implications of copyright are significant and include:
- what is copyright? What can copyright be created in? How does copyright differ from a trade mark, a patent or an industrial design?
- how do you distinguish and apportion, for tax and accounting purposes, between the various species of intellectual property (copyright, trade mark, patent, industrial design and goodwill)? Can goodwill be severed from a trade mark?
- what are the tax consequences of copyright improvements? Will the act of rewriting computer code (ie recoding software in a different language) result in a new tax asset?
- what are the tax implications of losing copyright? For example, what happens if a copyright is used industrially or a patent is obtained in respect of copyright material (the 'overlap' issue)?
These issues are explored in some detail in the case studies.
Michael is the Partner in charge of the Finlaysons Tax & Revenue Group. Michael advises domestic and foreign clients on federal, international and state tax matters, and has a special interest in corporate restructurings, cross-border investment, property, wine and mining taxation, trusts, and estate and succession planning. Michael is a past chair of The Tax Institute’s South Australia State Council and a regular contributor to Institute events.
- Current at
22 September 2021