The diagnostic method was worth millions. It was sitting inside the operating practice for free.
- Situation
- A single-owner specialty practice with a proprietary imaging methodology and a recognized trade name. Any buyer would have priced the whole thing as one business, and the physician's most valuable asset would have gone out the door at the practice multiple.
- What we did
- Placed the methodology and the trademark into a separate IP holding company, independently valued in the millions on a royalty basis, and licensed it back to the practice. Ownership of the holding company was moved into irrevocable trusts for the family, with the tax return and the trust instruments designed together.
- Without both licenses
- A license agreement whose royalty rate did not match the valuation, or a valuation the trust attorney never saw, invites recharacterization. The transfer documents, the appraisal and the tax reporting had to agree, and they were written by the same hand.
- Result
- An asset that can now be licensed, sold separately, or carried past a sale of the practice, outside the physician's taxable estate.
