Case Studies

PepsiCo, Inc. v. Commissioner of Taxation [2023] FCA 1490

J.S. Held Strengthens Forensic Accounting and Financial Investigations Expertise and Expands Suite of Services in Canada with Acquisition of ADS Forensics

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Background

PepsiCo, Inc. v. Commissioner of Taxation [2023] FCA 1490.

Engagement

Ocean Tomo, a part of J.S. Held, was engaged as an expert witness by Australian law firm MinterEllison on behalf of the Commissioner of Taxation.

Results

The Federal Court of Australia published its judgement in PepsiCo, Inc. v. Commissioner of Taxation [2023] FCA 1490. Ocean Tomo, a part of J.S. Held, was engaged as an expert witness by Australian law firm MinterEllison on behalf of the Commissioner of Taxation who was successful in the proceedings. This decision confirms PepsiCo, Inc. is liable for royalty withholding tax and, in the alternative, diverted profits tax would apply. This is the first time a court has considered the diverted profits tax – a new law which aims to prevent the diversion of profits offshore.

Key Contacts

Todd Schoettelkotte, CPA, CVA
Senior Managing Director
Intellectual Property Practice Lead
+1 713 335 5455
[email protected]


Molly Keelan
Senior Director, Strategic Accounts
Intellectual Property
+1 312 622 3471
[email protected]

Related Practice Areas

> Intellectual Property Expert Opinion
We provide expert opinion and testimony relating to economic, valuation, and licensing issues in intellectual property (IP) disputes, and other types of complex commercial litigation. Our experts with Ocean Tomo, a part of J.S. Held, have industry-leading experience across all types of disputes and are particularly skilled in the determination of damages in matters involving intellectual property (IP). Our testifying experts have decades of litigation analysis experience, benefiting clients when they evaluate complex financial data, qualitative facts, supporting testimony, and damages-related case law. 

> Intellectual Property
Ocean Tomo, a part of J.S. Held, provides expert opinion, management consulting, advisory, and specialty services focused on matters involving intellectual property (IP) and other intangible assets. Our intellectual property services address economic damage calculations and testimony; business licensing strategy and contract interpretation; patent-focused business intelligence; portfolio development strategy; litigation support; trade secret reasonable measures; asset and business valuation; strategy and risk management consulting; merger and acquisition advisory; debt and equity private placement; and IP brokerage.

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