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GLOSSARY
(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).
PRACTICE NOTES
The general rule under the corporate intangible assets regime in Part 8 of the Corporation Tax Act 2009 (CTA 2009) is that a company’s gains and losses in respect of its intangible fixed assets (IFAs) are computed and brought into account as credits and debits for corporation tax purposes in line with the accounting treatment of those IFAs. In other words, a company’s accounts, prepared in compliance with generally accepted accounting practice (GAAP), provide the basis from which the taxable and relievable items and amounts in respect of a company’s IFAs are derived. This principle is often referred to as ‘tax following the accounts’. There are, however, several exceptions to this general principle where the corporate intangible assets rules prescribe a departure from the accounts and require IFA credits and debits to be calculated on a different basis. For more on the tax treatment of IFAs generally, see Practice Note: How intangible fixed assets are taxed—basic principles. One area where the tax rules can depart from reliance on the company's accounts
PRACTICE NOTES
The general rule under the corporate intangible assets regime in Part 8 of the Corporation Tax Act 2009 (CTA 2009) is that a company’s gains and losses in respect of its intangible fixed assets (IFAs) are computed and brought into account as credits and debits for corporation tax purposes in line with the accounting treatment of those IFAs. In other words, a company’s accounts, prepared in compliance with generally accepted accounting practice (GAAP), provide the basis from which the taxable and relievable amounts in respect of a company’s IFAs are derived. This principle is often referred to as ‘tax following the accounts’. There are, however, several exceptions to this general principle where the corporate intangible assets rules prescribe a departure from the accounts and require IFA credits and debits to be calculated on a different basis. For more on the tax treatment of IFAs generally, see Practice Note: How intangible fixed assets are taxed—basic principles. One area where the tax rules can depart from reliance on the company's accounts is related party transactions
PRACTICE NOTES
A foundational principle of the corporate intangible assets regime in Part 8 of the Corporation Tax Act 2009 is that companies are taxed on transactions involving intangible fixed assets (IFAs) on the basis of the gains and losses recognised in their accounts. In other words, the gains and losses of an IFA pursuant to accounting rules will, generally, determine the credits and debits brought into account for corporation tax purposes under the corporate intangible assets regime. In addition, the starting point for considering whether a specific IFA falls within the scope of the corporate intangible assets regime is the accounting based definition of an intangible asset. This Practice Note considers the accounting framework and principles relevant to the taxation of IFAs that fall within the scope of the corporate intangible assets regime, and in particular the following: • ‘generally accepted accounting practice’ (GAAP) • UK GAAP v IFRS • the key UK GAAP and IFRS standards relevant to IFAs • financial statements and accounting terminology, and • the recognition and measurement of IFAs under
PRACTICE NOTES
The general rule under the corporate intangible assets regime in Part 8 of the Corporation Tax Act 2009 (CTA 2009) is that a company’s gains and losses in respect of its intangible fixed assets (IFAs) are computed and brought into account as credits and debits for corporation tax purposes in line with the accounting treatment of those IFAs. In other words, a company’s accounts, prepared in compliance with generally accepted accounting practice (GAAP), provide the basis from which the taxable amounts in respect of a company’s IFAs are derived. This principle is often referred to as ‘tax following the accounts’. There are, however, several exceptions to this general principle where the corporate intangible assets rules prescribe a departure from the accounts and require IFA credits and debits to be calculated on a different basis. For more on the tax treatment of IFAs generally, see Practice Note: How intangible fixed assets are taxed—basic principles. HMRC’s view is that the ‘tax follows the accounts’ approach limits ‘the ability of companies to engineer tax deductions for losses without substantial commercial
PRACTICE NOTES
This guide enables organisations to ensure emissions-reduction targets and the actions called for in transition plans are integrated into contracts and legal documents, and introduce enforceable climate obligations that
GLOSSARY
The European regulatory system (EU directive 2008/1/EC) that requires member states to take appropriate measures to prevent environmental impacts from emissions and to regulate certain industrial activities. The term is also used within the UK Environmental Permitting regime to refer to regulation of the larger Part A1 installations by the Environment Agency.
PRACTICE NOTES
CASE HUB (appeals lodged at the General Court in Case T- 1129/23 and at the Court of Justice in Case C- 143/26 P) ARCHIVED—this case hub reflects the position at the date of the decision of 22 September 2023; it is no longer maintained. See further, timeline. Case facts Outline European Commission’s re-imposition of a fine relating to an Article 102 TFEU investigation into Intel’s abuse of dominance in paying computer manufacturers to halt or delay the launch of specific products containing competitors' x86 computer processing units (CPUs) and to limit the sales channels available to these products (naked restrictions) (AT.37990). Latest development On 22 September 2023, the Commission adopted a new decision re-imposing a fine of c.€376.36m on Intel for a previously established abuse of dominance in the market for x86 CPUs in breach of Article 102 TFEU (the re-imposed fine applying solely in relation to the naked restrictions). Parties • European Commission (Commission)• Intel Corporation (Intel) Background Commission’s 2009 decision On 26 July 2007, the Commission opened proceedings and adopted a Statement of Objections against
GLOSSARY
An intellectual property assignment is the transfer of an intellectual property right to another so that the assignor is no longer the owner of that right. The assignor cannot therefore use the right unless the assignee grants a licence back to the assignor.
FLOWCHARTS
This Flowchart outlines the typical steps and timetable involved in a set of proceedings in the Intellectual Property Enterprise Court (IPEC), formerly the Patents County Court. The IPEC is a sub-list of the Intellectual Property List in the Business and Property Division of the High Court. The general Intellectual Property List has two sub-lists: the Patents Court and the IPEC. The same deadlines that apply to IPEC claims would apply to IPEC small claims
PRACTICE NOTES
Background The Intellectual Property Enterprise Court (IPEC) is a sub-list of the general Intellectual Property List in the Business and Property Division, which is intended to provide access to justice in IP matters for small- and medium-sized enterprises (SMEs) that might not otherwise be able to assert or defend an IP claim. The IPEC is also intended to provide a forum in which lower-value IP disputes can be litigated at proportionate costs. (The other sub-list of the Intellectual Property List is the Patents Court.) The Business and Property Division took effect on 1 October 2026. It combines the former Chancery Division and the other former Business and Property Courts within a single division of the High Court. For more information, see News Analysis: The new Business and Property Division of the High Court. A key element is the cap on recoverable costs in multi-track claims, which forms the bulk of the IPEC’s case load. Parties to multi-track claims in the IPEC know that in a trial on liability, absent
PRACTICE NOTES
Introduction to the Intellectual Property Enterprise Court The Intellectual Property Enterprise Court (IPEC) is a sub-list of the general Intellectual Property List in the Business and Property Division, which is intended to provide access to justice in IP matters for small- and medium-sized enterprises (SMEs) that might not otherwise be able to assert or defend an IP claim. The IPEC is also intended to provide a forum in which lower-value IP disputes can be litigated at proportionate costs. (The other sub-list of the Intellectual Property List is the Patents Court.) The Business and Property Division took effect on 1 October 2026. It combines the former Chancery Division and the other former Business and Property Courts within a single division of the High Court. For more information, see News Analysis: The new Business and Property Division of the High Court. A key plank in the IPEC’s structure is active judicial case management, which is carried out using a cost-benefit approach and which encourages the parties to identify