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HMRC internal manual

Corporate Intangibles Research and Development Manual

Intangible assets excluded from CTA09/PART8: introduction

CTA09/PART8/CHAPTER4

The third of the tests mentioned in CIRD11100 that an intangible asset needs to meet to satisfy the asset conditions is that it must not fall within any of a number of excluded categories.

These statutory exclusions can be divided into three types:

  • assets which are largely outside FRS102 s18 (or IAS38/FRS105 s13/FRS10) as a matter of accounting principle (CIRD25025 onwards),
  • assets excluded, some within FRS102 s18 (or IAS38/FRS105 s13/FRS10) some outside it, because special tax rules already apply to them - these exclusions are partial only (CIRD25050),
  • assets held by a company for uncommercial purposes or for the purposes of activities of the company outside the charge to CT (CIRD25070).

 

Options

s801 provides that options or other rights (for example a futures contract) to acquire or dispose of an excluded asset are themselves excluded from CTA09/PART8. See CIRD11175 for the treatment under CTA09/PART8 of options and other rights.