How to determine the tax basis of intangible assets such as patent rights and trademark rights?

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Hello, tangible assets may be more direct and easier to determine the tax basis, but for intangible assets, because of their abstraction, there is no specific material correspondence, so what should be done when determining the tax basis? Is there a legal requirement?

Professional answer

Intangible assets refer to non-monetary long-term assets held by enterprises for producing products, providing services, leasing or management, including patents, trademarks, copyrights, land use rights, non-patented technologies and goodwill. The determination of tax basis for intangible assets is clearly stipulated by law. Article 66 of China's "Regulations on the Implementation of Enterprise Income Tax" stipulates: "Intangible assets shall be determined according to the following methods: (1) The purchased intangible assets shall be taxed on the basis of the purchase price, relevant taxes paid and other expenses directly attributable to making the assets reach the intended purpose; (2) For self-developed intangible assets, the tax basis shall be the expenses incurred during the period from the capitalization condition of the assets in the development process to the scheduled usable state; (3) Intangible assets obtained through donation, investment, exchange of non-monetary assets and debt restructuring. Based on the fair value of the assets and the relevant taxes and fees paid. "