Corporation Tax Act 2009

Chapter 2 Credits in respect of intangible fixed assets

720 Introduction

(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.

721 Receipts 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 Schedule 28AA to ICTA (provision not at arm’s length).

722 Receipts 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.

723 Revaluation

(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—

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 - C

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).

724 Negative 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.

725 Reversal 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—

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).