Excluded intangible fixed assets

Published by a LexisNexis Tax expert
Practice notes

Excluded intangible fixed assets

Published by a LexisNexis Tax expert

Practice notes
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Certain intangible fixed assets are excluded from the intangible fixed assets regime (IFA regime).

Where an asset is excluded, either in whole or in part, options and similar rights to acquire or dispose of the asset are also excluded from IFA regime.

Gains and losses relating to an intangible fixed asset excluded from the IFA regime, are dealt with under the normal corporation tax (or income tax) rules (for which, see: Capital gains and businesses—overview) unless other specific rules apply. In some cases the asset is excluded so that a different set of specific rules can be applied (eg for companies, qualifying research and development expenditure is excluded from the IFA regime in order that the research and development tax relief rules can be applied instead, for which see: R&D tax relief—overview).

There are three types of excluded assets from the IFA regime:

  1. assets wholly excluded

  2. assets excluded except as respects royalties (at most the intangible fixed asset rules only change the timing of a deduction for royalties), and

  3. assets excluded to a specified extent

Assets

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Jurisdiction(s):
United Kingdom
Key definition:
Intangible fixed asset definition
What does Intangible fixed asset mean?

(1) In this Part an “intangible fixed asset”, in relation to a company, means an intangible asset acquired or created by the company for use on a continuing basis in the course of the company's activities. (2) In this Part “intangible fixed asset” includes an option or other right— (a) to acquire an intangible asset that would be a fixed asset if it were acquired, or (b) to dispose of an intangible fixed asset. (3) This Part applies to an intangible fixed asset whether or not it is capitalised in the company's accounts. (4) Subsection (3) is subject to any indication to the contrary. (5) This section is subject to any such provision of regulations under section 854 (finance leasing etc) as is mentioned in section 855(1) (assets to be treated as intangible fixed assets of finance lessor).

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