The taxation of goodwill under the intangible fixed assets regime for corporates gives rise to a number of subtle – and increasingly financially meaningful – questions of law and accounting practice. These arise from the confluence of a number of factors: the sui generis nature of goodwill in accountancy; the draftsman’s decision to shoehorn it into the regime for the taxation of intangibles; its propensity to be acquired as part only of a bundle of assets; a growing tendency towards the disaggregation of baskets of intangibles; and the growing weighting of intangibles in an entity’s balance sheet. Upon the answers to these questions can depend very substantial amounts of tax.
The taxation of goodwill under the intangible fixed assets regime for corporates gives rise to a number of subtle – and increasingly financially meaningful – questions of law and accounting practice. These arise from the confluence of a number of factors: the sui generis nature of goodwill in accountancy; the draftsman’s decision to shoehorn it into the regime for the taxation of intangibles; its propensity to be acquired as part only of a bundle of assets; a growing tendency towards the disaggregation of baskets of intangibles; and the growing weighting of intangibles in an entity’s balance sheet. Upon the answers to these questions can depend very substantial amounts of tax.