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Franchisors and IP Licensors Can Save State Income Taxes

By Craig R. Tractenberg and Kenneth H. Silverberg

On Oct. 23, the New Jersey tax court issued a decision that most tax experts expect will change the direction state income taxation has been taking for the past decade. The new direction will reopen an opportunity for franchisors and other licensors of intellectual property such as trademarks and patents to avoid paying state income taxes by using intellectual property holding companies based in tax-haven states such as Delaware and Nevada.

The case of Lanco Inc. v. Director, Division of Taxation holds that New Jersey may not impose its income tax on a corporation whose only contact with the state is that it receives license fees from a company using the licensed marks to conduct business in New Jersey. Lanco Inc. is the licensor of Lane Bryant retail outlets.

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