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TPI 5, Oktober 2023, Seite 185

Unraveling the Intangible Asset Conundrum

Observations on the Israel vs Medtronic Case

Mirna S. Screpante

The intersection of multinational corporate acquisitions and international taxation has long been a contentious arena with complex legal and financial considerations. In the case of Israel vs Medtronic Ventor Technologies Ltd (2023), the Israeli District Court grappled with a matter of profound significance for both the corporate world and the field of international taxation. This case revolves around the acquisition of Ventor Technologies Ltd, an Israeli company, by the Medtronic group in 2008 and 2009 for a substantial sum of 325 million $. The judgment joins previous District Court judgments in the cases of Gteko (2017),Broadcom (2019), and Medingo (2022).

The core of the dispute lies in the treatment of intangible assets after the acquisition. While various intercompany agreements were entered into between Ventor Technologies Ltd and Medtronic, the crucial question of whether intangible assets were transferred for tax purposes remained unresolved. Following a comprehensive assessment, the Israeli tax authorities contended that all intangibles previously owned by Ventor had been effectively transferred to Medtronic, thereby warranting additional taxable profits.

This article delve...

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