Finance Act 2004

Valid from 22/07/2004

Part 3 U.K. Intangible fixed assets

Excluded assets: assets in respect of which capital allowances previously made U.K.

71 U.K. In Part 10 of Schedule 29 to the Finance Act 2002 (c. 23) (excluded assets), after paragraph 73 (rights over tangible assets) insert—

“Assets entirely excluded: assets in respect of which capital allowance previously made U.K.

73A (1) This Schedule does not apply to an intangible asset of a company in the following circumstances.

(2) The circumstances are that—

(a) the asset falls to be treated as an intangible asset in accounts of the company,

(b) in a previous period of account the asset fell to be treated as a tangible asset in accounts of the company, and

(c) an allowance under Part 2 of the Capital Allowances Act (plant and machinery allowances) was made to the company in respect of the asset on the latter basis.”.

Adjustment on change of accounting policy U.K.

72 U.K. In Part 13 of that Schedule (supplementary provisions), after paragraph 116 insert—

“Adjustment on change of accounting policy U.K.

116A (1) This paragraph applies where—

(a) there is a change of accounting policy in drawing up a company’s accounts from one period of account (the “earlier period”) to the next (the “later period”), and

(b) the approach in each of those periods accorded with the law and practice applicable in relation to that period.

(2) This paragraph applies, in particular, where—

(a) the company prepares accounts for the earlier period in accordance with UK generally accepted accounting practice and for the later period in accordance with international accounting standards, or

(b) the company prepares accounts for the earlier period in accordance with international accounting standards and for the later period in accordance with UK generally accepted accounting practice.

(3) If there is a difference between—

(a) the accounting value of an intangible fixed asset of the company at the end of the earlier period, and

(b) the accounting value of that asset at the beginning of the later period,

a corresponding debit or credit (as the case may be) shall be brought into account for tax purposes in the later period.

(4) The amount of the debit or credit to be brought into account for tax purposes is:

where—

Accounting Difference is the amount of the difference specified in sub-paragraph (3);

Tax Value is the tax written down value of the asset at the end of the earlier period; and

Accounting Value is the accounting value of the asset at the end of the earlier period.

(5) This paragraph does not apply in relation to an intangible fixed asset in respect of which an election has been made under paragraph 10 (election for writing down at fixed-rate).

(6) This paragraph does not apply to a difference between the accounting value of an intangible fixed asset in different periods of account to the extent that, in respect of that difference, a credit or debit is brought into account for tax purposes under—

(a) paragraph 12 (reversal of accounting gain),

(b) paragraph 15 (gain on revaluation), or

(c) paragraph 17 (reversal of accounting loss).

(7) Where or to the extent that an adjustment is made under this paragraph, no adjustment under Schedule 22 (computation of profits: adjustment on change of basis) shall be made.”.

References to amounts recognised in profit and loss account U.K.

73 (1) In Part 15 of that Schedule (interpretation) paragraph 134(a) (references to amounts recognised in profit and loss account) is amended as follows. U.K.

(2) After “statement of total recognised gains and losses” insert “ , statement of changes in equity ”.

(3) After paragraph (b) insert— “ other than an amount recognised for accounting purposes by way of correction of a fundamental error. ”.

Consequential amendments U.K.

74 U.K. In paragraph 15(4) of that Schedule (credits on revaluation of intangible fixed assets)—

(a) in the definition of “Previous Debits”, after “accounting basis)” insert “ or paragraph 116A (adjustment on change of accounting policy) ”;

(b) in the definition of “Previous Credits”, at the end insert “ or paragraph 116A (adjustment on change of accounting policy) ”.

75 U.K. In paragraph 20 (1) of that Schedule (realisation of asset written down for tax purposes), after paragraph (b) insert “, or

(c) under paragraph 116A (adjustment on change of accounting policy).”

76 U.K. In paragraph 27 (1) of that Schedule (calculation of tax written down value of asset written down on accounting basis)—

(a) in the definition of “Debits”, after “paragraph 9” insert “ or paragraph 116A (adjustment on change of accounting policy) ”;

(b) in the definition of “Credits”, at the end insert “ or paragraph 116A (adjustment on change of accounting policy) ”.