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ARTICLE · 01 JULY 2022

Taxing Intangibles

The direct tax proposals in the recent Union Budget provide for allowing depreciation on intangible assets (which would now from a separate block of assets) at the rate of 25 per cent on written-down (that is, depreciated) value.

IndiaIntellectual Property
Percival Billimoria, Head Of Chamber Of P S Billimoria
Percival Billimoria, Head Of Chamber Of P S Billimoria

The direct tax proposals in the recent Union Budget provide for allowing depreciation on intangible assets (which would now from a separate block of assets) at the rate of 25 per cent on written-down (that is, depreciated) value.

Consequently, the existing provisions for amortisation of capital expenditure on acquisition of patents or copyrights (over a maximum of 14 years or the useful life of the patent/copyright whichever is lesser) and technical know-how (over a period of six years) have been deleted.

The implication is that 99 per cent of the cost of acquisition of a patent or copyright would be depreciated within 14 years. Unlike the prevailing provisions where the the cost is amortised in equal installments, depreciation on written down value basis would allow for a significantly higher charge against taxable profits in the initial years. However, there is no provision for an accelerated rate of depreciation in cases where the life of the intangible asset

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