Development, transfer, and evaluation of intangibles in taxation

虽然在会计中评估无形资产有三种基本方法，(1)估计市场价值，(2)估计未来现金流量，(3)实际开发成本，但它们在税务方面缺乏足够的可靠性和可验证性。为了减少对无形资产评估的需要，应扩大免税重组，允许现金作为对价，并取消收购股票时实体评估和合并收益开始时的要求。虽然新合并成员的损失将被计入合并集团，但其扣减应受到限制。现行公司税法的评估要求并不完善，因为无形资产可能不包括在内，通过公司倒置交易导致避税或对日本税收管辖权的巩固。在应税交易中，对交易中的无形资产征税是不可避免的。税务机关必须决定是否接受对私人谈判的无形资产的对价。在这一决定中，税务机关应该将私人当事人赚取更多税前利润的动机与他们减轻税收负担的动机进行比较。前者大于后者的，税务机关应当接受对价。

Although there are three basic approaches to the evaluation of intangibles in accounting, (1) estimated market value, (2) estimated future cash flow, and (3) actual cost to develop, they do not have enough reliability and verifiability for tax purposes. Thus, we have to establish tax system that works well without evaluating intangibles.In order to reduce the needs for the evaluation of intangibles, tax-free reorganization should be expanded by permitting cash as consideration, and the requirement of the entity evaluation in stock for stock acquisition and in the beginning of consolidated return should be abolished. Although losses of a new consolidated member would be brought into a consolidated group, their deduction should be limited. The existing evaluation requirements in the corporate tax law are imperfect, because intangibles might not be covered, which causes tax avoidance or entrenchment on Japanese tax jurisdiction through corporate inversion transactions.In taxable transactions, it is inevitable to tax intangibles traded in the transaction. Tax authorities have to make a decision on whether they accept the consideration for the intangibles that private parties negotiated. In that decision, the tax authorities should compare the incentives of private parties to earn more before tax profits and their incentives to reduce tax burden. If the former is larger than the latter, the tax authorities should accept the consideration.