There are cases where the cost-sharing agreement includes a central company headquartered abroad. This is a very common agreement between multinationals (MNEs) that make the tax issue a little different, as would be the case with the taxes in question: to verify these characteristics, one must take into account the agreement itself and its implementation by the parties, which could lead to different tax effects. (ii) If research and development are successful, the lozenge form will provide fertilizer more efficiently to crops and less fertilizer will be needed to achieve the same effect on plant growth. It is expected that the form of the fertilizer pellet will be sold at a premium price over the fertilizer powder, based on savings on the amount of fertilizer to be used. If research and development are successful, the cost of producing pellet fertilizers should be about the cost of producing powdered fertilizers and the same cost for FP and USS. FP and USS operate at about the same market level and sell much of their fertilizer to independent distributors. (ii) performance measurement. In order to assess the share of a controlled participant in the expected benefits of covered intangible assets, it is necessary to measure the amount of reasonably expected benefits from hedged intangible assets on a consistent basis for all of these participants. See (f) (3) (iii) (E), example 8 of this section. When a controlled member transfers intangible assets to another controlled subject, the participant`s benefits on transferred intangible assets must be measured on the basis of the purchaser`s benefits, taking into account any consideration that the purchaser pays to the controlled subscriber (for example. B a licence fee).
Expected performance is measured either directly by reference to estimated additional revenues, or to the costs saved by the use of covered intangible assets, or on an indirect basis, on the basis of certain measures that can reasonably be assumed to be related to the costs saved. These indirect bases for measuring expected benefits are described in paragraph 3, point iii), in this section. The expected benefits of a controlled participant must be measured on the most reliable basis, direct or indirect. In determining which of the two reasonably expected benefit bases is most reliable, the factors mentioned in section 1.482-1, point c) (2) (ii) (data and assumptions) must be taken into account. Normally, the base that provided the most reliable estimate for a given year should continue to provide the most reliable estimate in subsequent years, without the factors affecting the reliability of the estimate changing significantly. Whether a direct or indirect assessment basis, corrections may be necessary to account for significant differences between the activities of controlled participants to exploit their interests on recorded intangible assets. See example 6 of paragraph f) (3) (iii) (E) of this section. (1) In general.
A controlled participant who provides intangible ownership of a qualified cost-sharing agreement is considered to have transferred the shares of that property to other controlled participants and these other controlled participants must make purchase payments to them, as expected in point g) (2) of this section. If the other controlled participants do not make such payments, the district director may, in accordance with the provisions of Articles 1.482-1 and 1.482-4 to 1.482-6, make appropriate allocations to reflect consideration for the duration of the transferred intangible capital.