“IRS allows tax free exchange treatment for trademarks and other intangible assets,” Jeanne L. Seewald, Esq.

On February 12, 2009, the Office of Chief Counsel of the IRS issued a Technical Advice Memorandum changing its position and stating that trademarks, trade names and other intangibles that can be separately described and valued apart from goodwill qualify for tax-free treatment as like-kind exchange property under IRS Code §1031.