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What are the tax implications of reassignment? If I reassign a patent to a shell corporation, is it taxed? How would such a patent be valued?

If the transferred assets are taxed, that would introduce at least a modest loss for using a shell. Also, I would think that the valuation for tax purposes should be something like the value to be claimed in court, at least if the transfer occurs soon before a round of trolling. I can imagine a troll reassigning a patent to a shell, low-balling the value for tax purposes, and then inflating it when wielding the patent in court. In such cases the IRS and/or the court might be interested in the discrepancy.




A quick google suggests that the patent sale price can be set arbitrarily, and the proceeds of the sale are simply taxed as either normal income or capital gains, depending on how the IRS feels that day. This corresponds with my thought that it's basically cost-free to reassign patents. The applicable laws I found were 26 U.S.C. §1235 and §1231.

I would be interested to know how it actually works, because IANAL.




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