Many multinational groups have a corporate structure that includes an ‘IP holding’ company located in a no/low tax jurisdiction, such as Singapore or Ireland. This type of arrangement (which is generally based on a suite of legal agreements between the members of the group) often has the IP holding company as the legal owner of the IP, with royalties or licence fees associated with the use of the IP flowing back initially to the IP holding company.

Does this sound familiar?

In this chapter, Glasshouse Advisory examines the new 2017 OECD guidelines related to intangibles and IP, and consider why the legal owner of these assets is not necessarily entitled to the profits associated with the use of the intangible asset or IP.