C1C4C3C5C7C2C6Part 8Intangible fixed assets

Annotations:
Modifications etc. (not altering text)
C4

Pt. 8 modified (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 601, 1184(1) (with Sch. 2)

C5

Pt. 8 modified (15.11.2011 for specified purposes, 30.3.2012 for E.W.) by Localism Act 2011 (c. 20), ss., 240(5)(o), Sch. 24 para. 1(3); S.I. 2012/628, art. 3(b)

C2

Pt. 8 modified (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 88(1)(2)(7) (with s. 147, Sch. 17)

C6

Pt. 8 modified (6.4.2020) by Finance Act 2019 (c. 1), Sch. 5 paras. 35, 45 (with Sch. 5 para. 36)

Chapter 2Credits in respect of intangible fixed assets

720Introduction

1

This Chapter provides for credits to be brought into account by a company for tax purposes in respect of—

a

receipts in respect of intangible fixed assets that are recognised in determining the company's profit or loss as they accrue (see section 721),

b

receipts in respect of royalties, so far as the receipts do not give rise to a credit under section 721 (see section 722),

c

revaluation of an intangible fixed asset (see section 723),

d

credits recognised for accounting purposes in respect of negative goodwill (see section 724), and

e

the reversal of previous accounting debits in respect of an intangible fixed asset (see section 725).

2

This Chapter does not apply in relation to amounts brought into account in connection with the realisation of an intangible fixed asset within the meaning of Chapter 4 (see section 734).

3

For the rules about those amounts, see that Chapter.

721Receipts recognised as they accrue

1

If in a period of account a gain representing a receipt in respect of an intangible fixed asset is recognised in determining the company's profit or loss, a corresponding credit must be brought into account for tax purposes.

2

The amount of the credit is the same as the amount of the gain recognised by the company for accounting purposes.

3

Subsection (2) is subject to any adjustments required by this Part or F1Part 4 of TIOPA 2010 (provision not at arm's length).

722Receipts in respect of royalties so far as not dealt with under section 721

1

So far as a receipt in respect of any royalty does not give rise to a credit under section 721 in the period of account in which it is received or in a subsequent period of account, a credit must be brought into account for tax purposes.

2

The credit must be brought into account in the accounting period in which the receipt is recognised for accounting purposes.

3

The amount of the credit is equal to so much of the amount of the receipt as does not give rise to a credit under section 721.

723Revaluation

1

If in a period of account there is an increase in the accounting value of an intangible fixed asset on a revaluation, a credit must be brought into account for tax purposes.

2

The amount of the credit is the lesser of—

a

the amount corresponding for tax purposes to the increase (see subsection (3)), and

b

the net total of relevant previous tax debits (see subsection (4)).

3

The amount corresponding for tax purposes to the increase is—

I×WDVAVmath

where—

I is the increase,

WDV is the tax written-down value of the asset immediately before the revaluation, and

AV is the accounting value of the asset by reference to which the revaluation is carried out.

4

The net total of relevant previous tax debits is—

D-Cmath

where—

D is the total debits previously brought into account for tax purposes in respect of the asset, and

C is the total credits so brought into account.

5

For the purposes of this section “revaluation” includes—

a

the valuation of an asset for which a value is shown in the company's balance sheet, but which has not previously been the subject of a valuation, and

b

the restoration of past losses.

6

This section does not apply to an asset in respect of which an election has been made under section 730 (writing down at fixed rate: election for fixed-rate basis).

724Negative goodwill

1

If in a period of account a gain is recognised in determining the company's profit or loss in respect of negative goodwill arising on an acquisition of a business, a corresponding credit must be brought into account for tax purposes.

2

The amount of the credit is so much of the gain recognised for accounting purposes as, on a just and reasonable apportionment, is attributable to intangible fixed assets.

725Reversal of previous accounting loss

1

This section applies if—

a

in a period of account a gain is recognised in determining the company's profit or loss (“the recognised gain”),

b

the gain wholly or partly reverses a loss recognised in a previous period of account (“the reversed loss”), and

c

a debit was brought into account for tax purposes under Chapter 3 (debits in respect of intangible fixed assets) in respect of that loss (“the tax debit”).

2

A corresponding credit must be brought into account for tax purposes.

3

The amount of the credit is—

RG×DRLmath

where—

RG is the recognised gain,

D is the tax debit, and

RL is the reversed loss.

4

This section does not apply to a gain on a revaluation within the meaning of section 723 (see subsection (5) of that section).