CIRD44086 - Intangible assets: Restrictions for goodwill and relevant assets: Partial restriction in relation to qualifying IP assets
CTA09/S879M
As explained at CIRD44080, a full restriction applies where no business or no qualifying IP is acquired. This page explains when to apply a partial restriction when a business with qualifying IP is acquired. Broadly this partial restriction operates when the cost of the relevant assets acquired exceeds 6 times the cost of the qualifying IP.
CTA09/S879M applies where:
- The company acquires relevant assets on or after 1 April 2019,
- They are acquired as part of the acquisition of a business,
- That business acquisition includes qualifying IP assets that are to be used on a continuing basis in the course of the business, and
- The cost of the relevant assets exceeds 6 times the cost of the qualifying IP
CTA09/S879M is not relevant where the full restriction applies because the relevant assets are either
- Pre-FA2019 assets, or
- Acquired from a related individual or firm (subject to the third party acquisition condition).
For more information on the full restriction rules see CIRD44075 and CIRD44083.
Whether the 6 times limit is exceeded is determined by the formula in CTA09/S879M(3). This compares the expenditure on the acquisition of the relevant asset, or assets, with N times the expenditure on the acquisition of qualifying IP.
The multiple N is 6, but this can be varied by future regulations.
The expenditure includes both capitalised and non capitalised costs, subject to any adjustment required by CTA09/PART8 or TIOPA2010/PART4.