Corporate intangibles tax regime ― overview

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Corporation Tax

Guidance

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

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Anne Fairpo

Barrister

With effect from 1 June 2021, Anne Fairpo is a judge of the First-tier Tribunal sitting in the Tax Chamber. She was previously a fee-paid judge in the same Chamber. Her contributions to LexisPSL Tax and TolleyGuidance were written before her full-time appointment and are her personal view as she is not authorised to write on behalf of the Tribunals Service or the judiciary. Until April 2021, Anne was a tenant at Temple Tax Chambers. She was called to the bar in 2009 after 15 years as a solicitor. Anne’s experience and expertise covers UK and international corporate tax planning and disputes, having acted for a range of clients from small owner-managed businesses to listed multinationals, as well as having advised on intellectual property taxation and UK-US cross-border tax planning, with regard to both direct and indirect tax matters

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