Valuation of intangible assets
Example1:On June 2, 2002, Company A accepted a patent invested by Company B for initial stock issuance. The book value of this patent in Company B is 6.5438+500,000 yuan, and the evaluation value is 6.5438+500,000 yuan. The remaining service period stipulated by law is five years.
Relevant policies: The Accounting System for Enterprises stipulates: "Intangible assets invested by investors shall be regarded as actual costs according to the value confirmed by investors. However, the intangible assets accepted by an investor in the initial stock issuance shall be based on the book value of the intangible assets at the investor's place as the actual cost. "
The Detailed Rules for the Implementation of the Provisional Regulations on Enterprise Income Tax in People's Republic of China (PRC) (hereinafter referred to as the Detailed Rules) stipulates: "Intangible assets invested by investors as capital or cooperation conditions shall be valued according to the amount confirmed by evaluation or agreed in contracts and agreements."
Difference analysis: According to the accounting system, Company A should determine the accounting entry cost of patent right as 6,543,800 yuan according to the book value of Company B. ..
The tax law makes no distinction between intangible assets that receive investment, and all of them are valued according to the amount confirmed by evaluation or agreed in contracts and agreements. Therefore, Company A should confirm that the taxable cost of the patent right is 6.5438+0.5 million yuan according to the evaluation price. Within the service life, the annual accounting amortization amount of patent right will be 654.38+ten thousand yuan less than the taxable amortization amount [( 150- 100) ÷ 5], that is, from 2002 to 2006, the taxable income of enterprise income tax should be reduced by 654.38+ten thousand yuan every year.
Example 2: Company C entrusts Company D to develop a non-patented technology. On July 1 day, 2003, Company C borrowed 1 10,000 yuan from the bank and paid it to Company D as development expenses. On June 65438+1 October1day, 2004, Company D successfully developed and delivered the non-patented technology to Company C for use. The service life stipulated in the non-patented technology contract is 4 years. (The annual interest rate of bank loans is 8%)
Relevant policies: The Accounting System for Business Enterprises stipulates that "the purchased intangible assets shall be regarded as the actual cost according to the actually paid price".
Guo Shui Fa [2000] No.84 stipulates: "Loans incurred for the purchase, construction and production of fixed assets and intangible assets, as well as borrowing costs incurred during the purchase and construction of related assets, should be included in the cost of related assets as capital expenditures."
Difference analysis: the enterprise accounting system only stipulates that the borrowing costs incurred in the purchase and construction of fixed assets should be capitalized, but there is no capitalization requirement for the borrowing costs incurred in the purchase and construction of intangible assets. Therefore, the entry cost for Company C to purchase non-patented technology should be 6,543,800 yuan.
The tax law stipulates that the borrowing costs incurred in the process of purchasing and constructing intangible assets should be included in the cost of intangible assets. Therefore, the loan fee of 40,000 yuan (65,438+000× 8% ÷ 65,438+02× 6) paid by Company C in 2003 should not be charged before tax, and the taxable income should be increased. At the same time, Company C should confirm that the taxable cost of the non-patented technology is 6,543.8+0.04 million yuan (654.38+0.00+4), and during the amortization period from 2004 to 2007, Company C should declare a reduction of taxable income of 6,543.8+0.08 million yuan every year [(654.38+0.04-654.38]
Example 3: Company E developed a patent right by itself, and in 2002 and 2003, it paid 2 million yuan and 3 million yuan for various development expenses respectively. On June 38, 2004+10/October 3, Company E applied for the patent right according to legal procedures, and paid the registration fee and other expenses of 200,000 yuan. The legal service life of the patent right is 10 year.
Relevant policies: "Accounting System for Business Enterprises" stipulates: "Intangible assets developed by ourselves and applied for in accordance with legal procedures shall be regarded as the actual cost of intangible assets according to the registration fees, attorney fees and other expenses incurred when they are obtained according to law. Materials expenses incurred in the process of research and development, wages and welfare expenses of personnel directly involved in development, rent and loan expenses incurred in the process of development, etc. , directly included in the current profit and loss. The research and development expenses that have been included in the expenses of each period shall not be capitalized when the intangible assets are successful and apply for rights according to law. "
The detailed rules stipulate that taxpayers purchase intangible assets or develop intangible assets on their own (such as patents, trademarks, copyrights, non-patented technologies, etc.). ) may not be deducted directly, but it is allowed to be deducted gradually by amortization. The part of intangible assets development expenditure that does not form assets is allowed to be deducted.
Difference analysis: According to the provisions of the Accounting System for Business Enterprises, the accounting entry cost of the patent right of Company E should be 200,000 yuan.
The tax law stipulates that the development expenditure of intangible assets shall not be directly deducted. Therefore, when declaring enterprise income tax, Company E should increase its taxable income by 2 million yuan in 2002 and 3 million yuan in 2003. At the same time, Company E should confirm that the taxable cost of the patent right is 5.2 million yuan (200+300+20), and reduce the taxable income by 500,000 yuan every year during the amortization period [(520-20) ÷ 10].
It should be noted that if the development expenditure of intangible assets does not form assets, then accounting and tax laws are consistent. However, in this case, the patent right development expenditure is inter-annual. Under the uncertainty of whether the assets can be successfully developed, the development expenditure of 2 million yuan in 2002 can not be deducted before tax, and the taxable income should be increased. If it is confirmed that the development failed in 2003 and assets cannot be formed, then the development expenses in 2003 can be charged to 3 million yuan before tax, and the development expenses incurred in 2002 can be deducted at the same time, that is, the taxable income in 2003 can be reduced by 2 million yuan.
Assume that the development expenses incurred in Example 3 have been included in the technical development expenses. Guo Shui Fa [2000] No.84 document stipulates: "Taxpayers who develop intangible assets by themselves shall accurately collect the research and development expenses. If the intangible asset has been directly deducted as research and development expenses at the time of occurrence, it shall not be amortized in installments. " Therefore, if an enterprise develops intangible assets by itself, which is in line with the scope of technology development expenses stipulated in document [1996]04 1, and has been charged at one time before tax after examination by the competent tax authorities, even if intangible assets are formed, it is not necessary to capitalize the development expenses.
Amortization of intangible assets
Example 4: Suppose that the non-patented technology obtained by Company C in Example 2 has no agreed service life, and the estimated service life determined by the enterprise is 5 years.
Relevant policies: The Accounting System for Business Enterprises stipulates: "If the contract does not stipulate the benefit period and the law does not stipulate the effective period, the amortization period shall not exceed 65,438+00 years".
"Detailed Rules" stipulates: "The amortization period of intangible assets that are not specified in laws, contracts or enterprise applications or developed by themselves shall not be less than 65,438+00 years."
Difference analysis: the amortization period of non-patented technology in enterprise accounting treatment is 5 years, with an annual amortization of 200,000 yuan (100÷5).
According to the provisions of the tax law, the enterprise should amortize at least 10 year (assuming amortization by 10 year), and should amortize104,000 yuan (10) every year. Therefore, starting from 2004, from 1 year to the fifth year, Company C should declare an increase of taxable income of 96,000 yuan (20- 10.4), and from the sixth year to 10 year, Company C should declare a decrease of taxable income of104,000 yuan (.
Example 5: Company F merged with Company G, and the total payment was 5 million yuan. The fair value of Company G's identifiable net assets is 4.5 million yuan.
Relevant policies: The Accounting Standards for Business Enterprises-Intangible Assets stipulates that the goodwill included in the accounting scope of intangible assets is purchased goodwill. The cost of purchasing goodwill should generally be determined according to the balance of the price paid by one enterprise when purchasing another enterprise, after deducting the fair value of the identifiable net assets purchased.
Guo Shui Fa [2000] No.84 stipulates that self-created or purchased goodwill shall not be amortized.
Variance analysis: In this case, Company F should confirm that the recorded value of goodwill is 500,000 yuan (500-450 yuan). Whether goodwill should be amortized and how to amortize it is still controversial. However, the tax law has clearly stipulated that goodwill shall not amortize expenses. Therefore, if it is amortized in accounting treatment, the opposite tax adjustment should be made.
Transfer and disposal of intangible assets
Example 6: Imitating Example 5, suppose that on July 2, 2007, Company C transferred the non-patented technology to Company H, with a profit of 800,000 yuan.
Difference analysis: The accounting cost of transferring the non-patented technology by Company C is 300,000 yuan (100-20×3.5), and the tax cost is 676,000 yuan (104- 10.4×3.5). Company C should confirm the transfer income of 500,000 yuan (80-30 yuan) in accounting treatment, and the tax law stipulates that it is 6,543,800 yuan+024,000 yuan (80-67.6 yuan). Therefore, Company C should reduce its taxable income by 376,000 yuan (50- 12.4) when filing enterprise income tax in 2007.
Example 7: Following Example 5, suppose that on July 2, 2007, because the non-patented technology was replaced by other technologies, the non-patented technology had no use value and transfer value, and Company C transferred all its book value to the current expenses.
Variance analysis: The amount transferred to the current expenses during the accounting treatment of Company C should be 300,000 yuan.
According to Guo Shui Fa [2003] No.45 document, the amount that can be deducted before tax is 676,000 yuan. Therefore, Company C should reduce its taxable income by 376,000 yuan (6.766-30) when filing enterprise income tax in 2007.
In addition, the intangible assets acquired by an enterprise through debt restructuring shall be determined in accordance with the provisions of People's Republic of China (PRC) State Taxation Administration of The People's Republic of China Order No.6 of 2003; Where an enterprise makes provision for impairment of intangible assets, it shall make tax adjustment in accordance with the provisions of Document No.45 [2003] of the State Administration of Taxation; Enterprises investing or donating intangible assets abroad shall make tax adjustments in accordance with the provisions of document No. State Taxation Administration of The People's Republic of China [2000] 1 18. Guo Shui Fa [2003] No.45.