{"id":6802,"date":"2026-09-07T16:14:26","date_gmt":"2026-09-07T15:14:26","guid":{"rendered":"https:\/\/well-tax.com\/?p=6802"},"modified":"2026-09-07T16:14:27","modified_gmt":"2026-09-07T15:14:27","slug":"el-impuesto-del-segundo-pilar-y-la-propiedad-intelectual-lo-que-deben-revisar-los-grupos-internacionales","status":"publish","type":"post","link":"https:\/\/well-tax.com\/es\/pillar-two-tax-and-ip-what-global-groups-need-to-review\/","title":{"rendered":"El impuesto del Segundo Pilar y la propiedad intelectual: lo que deben revisar los grupos internacionales"},"content":{"rendered":"\n
\"Pillar<\/figure>\n\n\n\n

Pillar Two tax changes the way international groups should think about intellectual property, especially where valuable IP sits in a low-tax or zero-tax jurisdiction. The old question was often whether a specific UK anti-avoidance rule, such as ORIP, applied. The wider question now is whether the group\u2019s IP profit, people functions, tax rate and transfer pricing evidence still make commercial sense in a 15% global minimum tax environment.<\/p>\n\n\n\n

This article explains the practical IP angle. It is not a full technical guide to every Pillar Two rule. Instead, it focuses on what boards, CFOs and tax teams should review when brands, software, platforms, algorithms, patents or know-how create value across borders.<\/p>\n\n\n\n

Why Pillar Two tax matters for IP structures<\/h2>\n\n\n\n

The core issue is profit location.<\/strong> IP can carry a large share of group value, even where the customer contract is signed by a local sales company. A group may earn revenue from subscriptions, consumer goods, licensing, apps or services, but the real commercial value may sit in the brand, platform, data, code base or product design behind those sales.<\/p>\n\n\n\n

The tax issue is no longer only about legal ownership.<\/strong> A company can legally own IP in one jurisdiction, but that does not automatically mean it should keep all the profit linked to that IP. Tax authorities will usually look at the people who develop, enhance, maintain, protect and exploit the intangible asset, as well as the capital, risk control and decision-making behind it.<\/p>\n\n\n\n

Pillar Two tax adds a rate overlay to that existing analysis.<\/strong> For large multinational groups within scope, low-taxed profits may attract top-up tax so that the effective tax rate reaches the minimum level under the rules. According to GOV.UK\u2019s guidance on the UK undertaxed profits rule<\/a>, the UK UTPR applies for accounting periods beginning on or after 31 December 2024.<\/p>\n\n\n\n

For IP-rich groups, this means the board should not ask only whether the old structure still works technically. It should ask whether the structure still works after top-up tax, transfer pricing adjustments, permanent establishment risk and governance evidence are considered together.<\/p>\n\n\n\n

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How Pillar Two tax changes offshore IP planning<\/h2>\n\n\n\n

The commercial benefit of a low headline tax rate may be reduced.<\/strong> If an IP holding company is in a jurisdiction with a very low effective tax rate, the group may not keep the full benefit once Pillar Two tax applies. The top-up tax may arise locally, at parent level, or through a backstop rule such as the UTPR, depending on the group structure and the relevant domestic implementation.<\/p>\n\n\n\n

The UK ORIP repeal does not remove IP scrutiny.<\/strong> GOV.UK\u2019s note on the repeal of ORIP<\/a> confirms that the rules are repealed for income arising on or after 31 December 2024, alongside the introduction of Pillar Two\u2019s UTPR in the UK. That timing is significant. The policy concern has shifted from a narrow offshore receipts rule to a broader minimum tax and evidence framework.<\/p>\n\n\n\n

The practical question is whether the IP hub still has a purpose.<\/strong> A low-tax IP company may still make sense where it has real substance, clear decision-making, qualified people, genuine risk control and a credible role in the business model. It becomes harder to defend where the IP hub mainly holds contracts while the strategic work is performed elsewhere.<\/p>\n\n\n\n

For groups with UK and UAE operations, WellTax can help assess how this applies in practice, particularly where IP ownership, transfer pricing, UAE tax, UK tax and international tax analysis overlap.<\/p>\n\n\n\n

Where IP transfer pricing still matters<\/h2>\n\n\n\n

Pillar Two tax does not replace transfer pricing.<\/strong> It adds another layer. Transfer pricing still decides how much profit should be allocated to each connected party before the effective tax rate is tested. If the profit split is not defensible, a group may face local tax adjustments before it even reaches the Pillar Two calculation.<\/p>\n\n\n\n

IP transfer pricing starts with the actual transaction.<\/strong> One company may license trademarks, provide software rights, fund development, sell patents, charge a royalty, share R&D costs or provide strategic support to another group company. Each transaction needs its own pricing logic and supporting evidence.<\/p>\n\n\n\n

The method should match the economics.<\/strong> A royalty can be suitable where one entity owns and controls valuable IP that another entity uses. A cost plus return may fit routine development services. A profit split may be more credible where several entities make unique and valuable contributions to the same intangible asset.<\/p>\n\n\n\n

Many problems arise when the method is chosen before the facts are understood. A royalty model can look simple, but it may fail if the company paying the royalty is also making key product, brand or market decisions. A routine development return may also be too low where the development team controls the roadmap and takes real technical risk.<\/p>\n\n\n\t\t

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