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"Home sweet home" versus international tax planning : where do multinational firms hold their U.S. trademarks? Jost H. Heckemeyer, Pia Olligs and Michael Overesch

By: Heckemeyer, Jost Heinrich.
Contributor(s): Olligs, Pia | Overesch, Michael.
Material type: ArticleArticlePublisher: 2018Subject(s): EMPRESAS MULTINACIONALES | MARCAS | REGISTRO INDUSTRIAL | IMPUESTOS | INCENTIVOS FISCALES | ESTADOS UNIDOSOnline resources: Click here to access online In: National Tax Journal v. 71, n. 3, September 2018, p. 485-520Summary: This study analyzes whether tax incentives affect the geographical allocation of U.S. trademark rights within large multinational enterprises. Considering the S&P 500 firms, we find a strong home country concentration of U.S. trademark ownership. Our results suggest that offshore ownership of trademarks is mainly motivated by foreign activities rather than tax considerations. An analysis of the location choice reveals a significant negative impact of host-country taxes but only if controlled-foreign-company legislation does not apply. Companies active in industries that are known for producing mobile income tend to hold more trademarks offshore. In particular, trademarks of software firms and drugmakers are overrepresented in tax havens. European multinationals share similar location preferences.
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This study analyzes whether tax incentives affect the geographical allocation of U.S. trademark rights within large multinational enterprises. Considering the S&P 500 firms, we find a strong home country concentration of U.S. trademark ownership. Our results suggest that offshore ownership of trademarks is mainly motivated by foreign activities rather than tax considerations. An analysis of the location choice reveals a significant negative impact of host-country taxes but only if controlled-foreign-company legislation does not apply. Companies active in industries that are known for producing mobile income tend to hold more trademarks offshore. In particular, trademarks of software firms and drugmakers are overrepresented in tax havens. European multinationals share similar location preferences.

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