Extract to table

Under this standard, the consideration charged in a controlled transaction involving the transfer of intangible property must be commensurate with the income attributable to the intangible

Under IRC § 367(d)(1), if a United States person transfers intangible property (as defined in IRC § 936(h)(3)(B)) to a foreign corporation in an exchange described in IRC § 332, 351, 354, 356, or 361, the transferor is treated as having sold the intangible property in exchange for payments that are contingent upon the productivity, use, or disposition of the property, and the transferor must include in income amounts that are commensurate with the income attributable to the transferred intangible over its useful life

We note, however, that the high-tax exclusion analysis must be performed on a tested-unit basis under Treas