|
Tax Strategy Patents
Recent court decisions have supported patenting of "business methods," and the Patent and Trademark Office is issuing patents for tax strategies. Some practitioners are concerned that they could find themselves having to check if someone owns tax planning advice that they want to give a client.
The AICPA is concerned, as are the IRS and Congress, which held hearings on this difficult issue. The AICPA has studied this issue and communicated our concerns and legislative suggestions to Congress. The AICPA continues to work with Congress in resolving this issue.
Legislation and Regulations Addressing Tax Strategy Patents
Legislation Addressing Tax Strategy Patents
Various pieces of legislation have been introduced addressing tax strategy patents, including in the 111th Congress: H.R. 1265 and S. 506, and in the 110th Congress: H.R. 1908, H.R. 2365, S. 2369, and S. 681.
Boucher-Goodlatte Dear Colleague Letter for HR 2365
AICPA Letter in Support of H.R. 1908
IRS Proposes Regs Treating Tax Strategy Patents as Reportable Transactions
The IRS has proposed regulations making tax strategy patent transactions reportable transactions and subject to the material advisor list maintenance requirement dropping the material advisor threshold from $50,000 to $250 and from $250,000 to $500.
AICPA Comments, Articles, and Updates
AICPA Tax Strategy Patent Task Force Roster
AICPA Urges Tax Patent Legislation Before Tax Season Starts
In a November 19, 2007, press release, the AICPA Urged the Senate to pass S. 2369 before the upcoming tax season starts.
AICPA Congratulates House Leaders on Passing H.R. 1908
In a September 7, 2007, press release, the AICPA lauded House leaders on passing H.R. 1908, which would prohibit tax strategy patents.
AICPA Expresses Support for H.R. 1908
In September 6, 2007 comments, the AICPA endorsed the
prohibition on tax strategy patents in House patent reform legislation.
AICPA Urges Congress to Address Tax Strategy Patents
AICPA Comments on Proposed Reportable Transaction Regulations
AICPA Position on Tax Strategy Patents (one-page summary)
The Tax Adviser August 2007 Article on AICPA Position on Patents for Tax Strategies
The Tax Adviser and Tax Insider May 2007 Articles on AICPA Position on Patents for Tax Strategies
AICPA Criticizes Tax Patents (Journal of Accountancy, May 2007)
AICPA Tax Section Newsletter article on tax strategy patent issues
Background on Formation of AIPCA Tax Strategy Patent Task Force
Update on Tax Strategy Patents
Please Send Us Your Feedback on Patent Infringement Warning Letters
Other Comments/Reports
IRS National Taxpayer Advocate 2007 Recommendation to Ban Tax Strategy Patents
Congressional Research Service Report on Tax Strategy Patents - June 2009
Congressional Research Service Report on Tax Strategy Patents
Real Estate Roundtable Comments on Tax Strategy Patents
American College of Trust and Estate Counsel Comments on Patentability of Tax Planning Methods
National Society of Accountants Urges Senate to Ban Tax Strategy Patents
American Association of Attorney-CPAs Comment on Tax Strategy Patents
Texas State Bar Supports H.R. 1908
Texas State Bar Tax Section Federal Legislative Proposal on Tax Strategy Patents
State Bar of Colorado Section of Taxation Federal Legislative Proposal on Tax Strategy Patents
California State Bar Taxation Section Comments on Tax Patents
Florida State Bar Tax Section Comments on Tax Strategy Patents
Montana State Bar Comments on Tax Strategy Patents
ABA Comments on Treating Tax Strategy Patents as Reportable Transactions
Additional ABA Comments on Tax Strategy Patents as Reportable Transactions Regs
California Society of CPAs Opposes Tax Strategy Patents
Virginia Society of CPAs comments on tax strategy patents
JCT Report on Patenting of Tax Advice
NYSBA Report on Patentability of Tax Advice and Tax Strategies
Patent & Trademark Office Links
Directions for Searching PTO site
How to Search for Patent Assignment Information
Searching for Patents Using Key Words
PTO List of Granted/Issues Tax Strategy Patents
PTO List of Pre-Grant Tax Strategy Patent Applications
PTO List of Patents Classified as 705/36T for Tax Strategies
Specific Tax Strategy Patents
Stock Option GRAT (SOGRAT) Patent
Final Consent Judgment in WTG Rowe (SOGRAT)
CRT Business Use Patent
Patent on Using Tax-Deferred Variable Annuities in Pre-Need Funeral Contracts and CRTs
Roth IRA Patent
CRT-Business Yield Enhancement Trust Patent
Multistate Analysis Patent (Lazear)
EITC Analysis Patent
1031-1033 Combined Patent
Section 1031 Deedshare Patent
Patent on Hedging Deferred Compensation Plan Liabilities
UBIT Patent
Foreign Entity Tax Patent
Comiskey PTO Supplemental Brief
Articles and Other Information
Article on Tax Strategy Patents
Other Tax Patent Strategy Resources
Links to Information on Tax Strategy Patents
USC Paper on Responding to Tax Strategy Patents
AICPA Discussion Forum
You are welcome to add your thoughts on this subject by logging on to the AICPA Tax Forum, select “Tax Legislation and Policy,” then you will see the link to the Tax Strategy Patents Discussion.
|