Professional Documents
Culture Documents
EXPLANATORY NOTE
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6. If an intangible is developed internally, it may be measurable by reference to
the costs incurred for this purpose. Costs incurred and recognized as expenses
in previous periods may not be reinstated as assets.
Patents
10. A patent is an exclusive right recognized by law and registered with legal
jurisdiction. A patent right enables the holder to use, manufacture, sell, and
control the item, process, or activity covered by the patent without interference or
infringement by others. In reality, the registration of the patent with the
appropriate government office is no guarantee of protection. A patent does not
become established until it has been successfully defended in court. For this
reason, there is general agreement that the cost of successful court defense
should be capitalized as part of the patent. If the suit is lost, the legal cost, as
well as the unamortized cost of the patent, is written off. The carrying amount of
the patent is reduced to its impaired value, which could be zero. An impairment
loss should be debited for the amount of any write-down.
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Company accountants determined that the costs of employee salaries,
materials, testing and other development costs associated with the new
mousetrap total 120,000. Since these are development costs the total of
120,000 will be recognized as an intangible asset.
Three years later, The Mousetrap Company sold a patent on its new
mousetrap to the Critter Catcher Company. Critter Catcher paid 160,000 for
the patent. The patent is for twenty years. The Mousetrap Company will
calculate and recognize a gain on sale of the intangible asset that is equal to
the difference between the asset’s amortized value after three years and the
160,000 received. Critter Catcher will record an intangible asset on its
accounting records for 160,000.
Two years later a new company, Rodent Ridders, offered to buy the patent
from Critter Catcher for 200,000. Critter Catcher decided not to sell, since it
was their most successful product. Rodent Ridders began to sell a similar
product and Critter Catcher sued to protect its patent. The suit was
successful, but cost 18,000. Critter Catcher will capitalize the legal costs to
the intangible patent asset and amortize the additional cost over the
remaining life of the patent
Copyrights
11. A copyright is a form of protection given by law to the authors of literary,
musical, artistic, and similar works. Owners of copyrights are granted certain
exclusive rights, including the right to print, reprint, and copy the work; to sell or
distribute copies; and to perform and record the work.
12. As expected, the cost of a copyright is measured in conformity with the cost
principle. A copyright often does not have economic value for its entire legal life.
The cost of a copyright should be amortized over the period the copyrighted item
is expected to produce revenue. However, in no case should a copyright be
amortized over time in excess of its legal life.
14. The cash equivalent amount paid for the purchase of a trademark is
capitalized. Amounts directly incurred in the development, protection, expansion,
registration, or defense of a trademark should be capitalized. Such capitalized
amounts should be amortized over the useful life of the trademark or 20 years,
whichever is shorter.
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Franchises
15. Franchises (such as for a television company) often are granted by
governmental units for the right to use public properties or to furnish public utility
services (such as electricity), and by business entities for the right to use a
particular designation and specified services (such as MacDonald’s). Each
franchise contract specifies a period of time for which the franchise is valid and
the rights and obligations of the franchisor and franchisee. The cost of obtaining
a franchise often is high and usually requires an initial franchise fee to be paid by
the franchisee to the franchisor. The initial cost of a franchise should be
capitalized and then amortized as an expense. If the franchise is for a limited
period of time, its cost should be amortized over that period in a rational and
systematic manner. If the time is indefinite, amortization should be based on a
reliably estimated life, with periodic evaluations. These evaluations determine
whether the prior estimate needs revision; however, the total amortization period
may not exceed 20 years.
16. Annual and current payments by the franchisee to the franchisor for
services, such as assistance with promotional campaigns, accounting, and
organizational matters, should be expensed by the franchisee as incurred
because they do not create a measurable future benefit for the franchise. If a
franchise becomes worthless or is voided by law, the unamortized amount should
be written off immediately as an impairment of asset value.
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The product or process is clearly defined and the attributable costs can be
separately identified and measured reliably.
The technical feasibility of the product or process can be demonstrated.
The enterprise intends to produce and market, or use, the product or
process.
The existence of a market for the product or process, or if it is to be used
internally, its usefulness to the enterprise can be demonstrated.
Adequate resources exist, or their availability can be demonstrated, to
complete the project and market or use the product or process.
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Routing design of tools, jigs, moulds and dies.
Activity, including design and construction engineering, related to the
construction, relocation, rearrangement or start-up of facilities or
equipment other than facilities or equipment whose sole use is for a
particular research and development project.
Note that the above information does not apply to specialized activities such as
work done for others, enterprise in the development stage, and the special
activities of enterprises in extractive industries such as mining.
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