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

Jeanne L. Seewald

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.

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