Corporate intangibles tax regime ― overview

Produced by Tolley in association with Anne Fairpo

The following Corporation Tax guidance note Produced by Tolley in association with Anne Fairpo provides comprehensive and up to date tax information covering:

  • Corporate intangibles tax regime ― overview
  • Summary of corporate intangible regime
  • Date of acquisition or creation
  • Which assets fall within the corporate intangibles regime?
  • Which assets do not fall within the corporate intangibles regime?

Corporate intangibles tax regime ― overview

The corporate intangibles tax regime, found in CTA 2009, ss 711–906 (Part 8), generally governs the taxation of intangible fixed assets acquired or created by companies on or after 1 April 2002. The definition of an intangible fixed asset is discussed in detail in the What is an intangible fixed asset? guidance note. The corporate tax treatment essentially follows the treatment of intangibles in the accounts. There are however restrictions on the deductibility of debits in relation to goodwill and other customer-related intangible assets depending on the date of acquisition or creation, see the Goodwill and other customer-related intangible assets guidance note.

Prior to Finance Act 2002, there was no harmonised regime dealing with the taxation of corporate intangibles ― this continues to be the case for most ‘old’ corporate intangibles.

The corporate intangibles regime has gone through a number of iterations since its introduction in April 2002, most recently in July 2020, particularly in relation to goodwill and other customer-related intangible assets.

The regime is complex and requires detailed recording keeping by companies and their advisers, particularly in relation to acquisition dates, relationships between companies and the market value of the asset at the time of the first acquisition under the new rules. It is therefore very important for advisers to confirm the history of an intangible fixed asset when it is being acquired from a related party.

For a discussion of the changes introduced from 1 July 2020, see ‘Intangibles and fungibles’ by Pete Miller in Taxation,

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