Eiduk Tax & Wealth
Promoter structures library · 2026-08-26
Software / IP Right-to-Use Deals
Classification A, no legitimate version. There is no compliant way to do this as it is marketed.
Sold as: "transformative intangibles", "RTU", "right-to-use license", "impact technology", "IP monetization strategy"
If 62 percent of your money goes to fees and 25 percent buys the asset, the deduction was never the product. The fee was.
The pitch
Buy a right-to-use license in software or intellectual property at a multiple of the cash you put in, then either deduct it in year one or donate it for a charitable deduction. 50,000 dollars in, a 250,000 dollar deduction out. A tax attorney supplies the opinion and an appraiser sets the value.
What it costs you if it is wrong
On the donation variant, Sec. 170(e)(1)(A) caps the deduction at BASIS for self-created intellectual property, so the appraised value was never the available number. Sec. 6662(e) and (h) valuation misstatement penalties and Sec. 7701(o) both apply, and Sec. 6700 reaches the promoter. No designation exists, so there is no Sec. 6707A exposure; the attack is on general doctrine and the penalties travel with it.
Red flags
- The deduction is quoted as a multiple of the investment
- The promoter selected the appraiser
- Investors vote to donate the technology at year end
- Most of the money goes to fees rather than to the asset
- Sec. 170(e)(1)(A) appears nowhere in the opinion
- You will never use the software in your business
Questions to ask the person selling this
- 1What is the deduction as a multiple of my cash, and who calculated it?
- 2Who selected the appraiser, and who pays them?
- 3How much of my money buys the asset, and how much goes to fees?
- 4Did anyone analyze whether Sec. 170(e)(1)(A) caps my deduction at basis?
- 5Will I actually use this software in my business?
- 6Has the IRS designated this structure, or does the opinion rest on general doctrine?