We can offer you a variety of services, principally in marketing audit, market research and valuation through our team of experts. David Haigh, Brand Finance’s CEO, is a Chartered Accountant and has over 30 years’ experience in marketing finance. David has provided expert witness testimony in the US, UK and various other jurisdictions.
IRS - Expert Witness
The IRS is the United States government agency responsible for tax collection and tax law enforcement. This case related to the use of trademarks and patented technology owned by the US holding company, Amazon, and used by the European subsidiaries. The IRS alleged that the transfer payments due to the US subsidiary were understated and that tax was due in the US on the understated amounts. Brand Finance was commissioned to put a value of the Amazon brand in Europe at the date of the transaction to inform the court. Brand Finance determined that the value of the brand on its own was $3.1 billion, compared to the payments being made under the transfer agreement of $255 million for the technology-related and marketing-related IP combined. The court case has not yet been finalised.
Theodore Kletnick, International Trial Attorney, IRS
“Brand Finance has assisted the Internal Revenue Service by providing expert witness valuations of trademarks and other intangible assets for several major Section 482 transfer pricing cases. In addition, in connection with these cases, Brand Finance has provided an opinion on related issues including the determination of appropriate royalty rates and the significance of license agreement terms, including exclusivity vs. non-exclusivity. I have found Brand Finance to be skilled, effective and thoroughly professional in their approach and fully satisfied with their work, which has enabled us to achieve very favourable settlements in very difficult cases. In the future, I would use them for similar projects.”