Taxation and Valuation of Technology: Theory, Practice, and the Law, edited by James L. Horvath and David W. Chodikoff, is a comprehensive and authoritative examination of practical, technical, and legal aspects of business valuation and taxation in the dynamic technology sector. The book features contributions by distinguished judges, leading academics, and international experts in business valuation and tax law.

Contents

Foreword

Hon. Morris J. Fish, Supreme Court of Canada

Preface

Introduction

Part One: Taxation

1. The Judicial Determination of Fair Market Value

Hon. Karen R. Sharlow

2. What to Expect from the Tax Court in a Lengthy Trial

Hon. Campbell Miller

3. Effective Conduct of Commercial Litigation: A Judge’s Perspective

Hon. Ian H. Pitfield

4. Tax Shelters, Technology, and the Future?_ The Demise of the Software Tax Shelter and Lessons to be Learned for the Investor

David W. Chodikoff & Natalia E. Bitton

5. It’s the Destination, Not the Journey: The Significance of the Tax Assessment Process in Tax Appeals

Harry Erlichman & Elizabeth Chasson

6. Permanent Establishment and the Challenges of ElectronicCommerce

David E. Spiro & Kate Lazier

7. Bet on It: The Taxation of Online Gaming

Benjamin Alarie & Alex Igelman

8. Tax Treaty Treatment of Royalty Payments from Low-Income Countries: A Comparison of Canada and Australia’s Policies

Kim Brooks

9. Tax Discrimination and the Trade in Services between Canada and the United States: Deciphering the Landscape

Catherine Brown & Christine Manolakas

10. R&D Credits: Reducing the Cost of Innovation

Ken Murray & Natan Aronshtam

11. Interpretative Issues Regarding SR&ED Tax Credits: An Overview of Recent SR&ED Tax Cases and Related Implications for Claimants

David Sabina

12. Inbound Transfers of Technology

Brian D. Segal

13. Alternate Models for Acquiring Technology Products and Services

J. Fraser Mann

14. “Old Wine in New Wineskins”?_ Indirect Tax Challenges for International Transfers of Intangible Property 341

Jim Vincze & M. Craig Robertson

15. Transfer Pricing the Technology

Muris Dujsic & Tony Anderson

16. The Evolution of the Use of Cost Sharing Arrangements in International Income Tax Planning and New Indications for Valuing Intellectual Property

Keith Reams, Alan Shapiro, Laura Clauser, Jon Hakken, Ahmad Keshk, & Mark Klitgaard

17. The U.S. International Taxation of the Transfer of Technology by American Enterprises: A Primer for the CFO, Tax Director, and Foreign Tax Advisor

David S. Kerzner

18. Going Global: Some Foreign Tax Fundamentals for the

Expanding Technology Enterprise

Christopher Grasset

Part Two: Valuation

19. Valuation Methodologies: The Current Art and Science

James L. Horvath & Tim Dunham

20. The Invisible Path: Valuing Technology

James L. Horvath & Richard Ellsworth

21. Valuation of Biotechnology Companies and their Assets

Jeremy Webster & Bill Stamatis

22. Transfer and Valuation of Biomedical Intellectual Property

Cristina Thalhammer-Reyero

23. Protected Assets: Valuing Patents

James L. Horvath & Steven Hacker

24. Discounts and Premiums: Artistic Licence and Science

James L. Horvath & Tim Dunham

25. Valuing Businesses in the Ever-changing Global Marketplace

James L. Horvath

26. Tips from the Field

James L. Horvath & Tim Dunham

27. Technology Valuations and the Canada Revenue Agency

Dennis Turnbull

28. The Investor’s Approach to Valuation of Early-Stage Technology Companies

John Hague & Roger Wilson

29. Tips from the Top

30. Intellectual Property and Damage Quantification

Jeffrey Harder, Joelle Gott, J. Kevin Wright, & Paul R. Albi

31. Growth by Design: How Good Design Drives Value

Maneesh Mehta

32. Technology Transfer: An Overview with a Government Research Perspective, or, Sometimes it is a Platypus not a Duck!

Stan Benda

Contributors

 

“Technology, taxation, and valuation are inescapable facts of life … this remarkable volume provides timely assistance and authoritative guidance. … The range of authors is impressive, enabling the reader to draw on the diverse observations and experiences of distinguished jurists, academics, private and public sector lawyers, business valuators, and other financial service professionals. … [A]n impressive collection of relevant materials."

The Honourable Mr. Justice Morris J. Fish, The Supreme Court of Canada.

 

"In today’s rapidly changing regulatory environment that is putting increased pressure on both the quantity and quality of valuation and tax products, it is imperative that business valuation and tax practitioners, private equity participants, lenders, and M&A specialists have access to authoritative and comprehensive discussions on key business growth sectors such as technology. Taxation & Valuation of Technology clearly serves this purpose and is a must read for all those venturing into this highly-fluid and often incomprehensible space."

Brad Dalgliesh, Senior Valuations Partner, KPMG LLP, Toronto.

 

"This book represents a valuable, comprehensive treatment of the great many topics included within the subject-matter. The editors have successfully assembled the wide range of skill sets —from accountants to lawyers, and from judges to academics— required to offer insight across the broad landscape addressed."

Barry Reiter, Senior Partner, Bennett Jones LLP.

 

"A must-have building block for the bookshelf of any tax lawyer, valuation practitioner, and corporate officer. It delves into cultural and technical issues. Jim and David have brought together some of world's most talented people in the areas taxation and valuation. This is a reference text that will serve the taxation, valuation, legal, and business communities well."

Ashish Gandhi, Corporate Controller, OFS, Atlanta.

 

“Strong investment in research and technology is crucial to ensuring Canada’s place in the world. The authors have come together to produce a text that is an informative useful resource both for professionals offering advice and for entrepreneurs making investment decisions.”

Honourable Susan E. Whelan, former chair of the Standing Committee on Industry, Science and Technology, currently practising law in Windsor, Ontario.