n Without Prejudice - Tax avoidance or evasion in "sale and leasebacks" : intellectual property

Abstract

Historically, sale and leaseback transactions were typically applied to tangible assets, such as plant, machinery and equipment. However, since the mid-1990's, its application has increasingly been extended to incorporeal property, such as trademarks, patents, designs, copyright and knowhow. When applied to intellectual property (IP), the "leaseback" and associated "rental payments" are more correctly referred to as "licence" and "royalties," respectively.