Legal Question in Intellectual Property in New York

Generally, the seller pays taxes on the appreciation of property that is sold, However, often times copyrights are licensed and not "sold" and the tax consequences would be different. You should consult an accountant with respect to your taxes and an attorney in connection with the copyrights.

For additional information, feel free to contact my office at your earliest convenience.

Roman R. Fichman, Esq.

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein.

While Mr. Fichman is correct that seller generally pays taxes under US and US state law, it may be that Swedish law says something different. Be sure to check not only with a US accountant but also with a Swedish accountant. In an international transaction, you need to abide by the tax laws of both countries.

He is very correct that licensing is often a solution that both parties find preferable to the sale of the copyright. A license can be as broad as an unlimited right to use all rights associated with the copyright for the life of the copyright or as narrow as a transfer of the right to use the software one time.

You or your transferee should also be sure that the copyright is registered in Sweden if you're transferring it to a Swedish company; intellectual property registration is limited to the boundaries of the nation granting the registration.

Feel free to call my office at 518-371-4599 to set up a time to discuss this further.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

IRS Circular 230 Disclosure:

Pursuant to IRS regulations, neither the information, nor any advice, contained in this communication (including any attachments) is intended or written to be used, and cannot be used, for the purpose of (1) avoiding tax-related penalties or (2) promoting, marketing, or recommending to another party any transaction or matter addressed herein.