Accounting Standard 26
Intangible Assets
(In this Accounting Standard, the standard portions have been
set in bold italic type. These should be read in the
context of the background material which has been set in normal
type, and in the context of the ‘Preface to the Statements
of Accounting Standards1.)
Accounting Standard (AS) 26, ‘Intangible Assets’, issued by
the Council of the Institute of Chartered Accountants of India,
comes into effect in respect of expenditure incurred on intangible
items during accounting periods commencing on or after 1-4-2003
and is mandatory in nature2 from that date for the following:
-
Enterprises whose equity or debt securities
are listed on a recognised stock exchange in India, and
enterprises that are in the process of issuing equity
or debt securities that will be listed on a recognised
stock exchange in India as evidenced by the board of directors’
resolution in this regard.
-
All other commercial, industrial and business
reporting enterprises, whose turnover for the accounting
period exceeds Rs. 50 crores.
In respect of all other enterprises, the Accounting
Standard comes into effect in respect of expenditure incurred
on intangible items during accounting periods commencing on
or after 1-4-2004 and is mandatory in nature from that date.
Earlier application of the Accounting Standard is encouraged.
In respect of intangible items appearing in the balance sheet
as on the aforesaid date, i.e., 1-4-2003 or 1-4-2004, as the
case may be, the Standard has limited application as stated
in paragraph 99. From the date of this Standard becoming mandatory
for the concerned enterprises, the following stand withdrawn
:
- Accounting Standard (AS) 8, Accounting for Research and
Development;
-
Accounting Standard (AS) 6, Depreciation
Accounting, with respect to the amortisation (depreciation)
of intangible assets; and
-
Accounting Standard (AS) 10, Accounting
for Fixed Assets - paragraphs 16.3 to 16.7, 37 and 38.
The following is the text of the Accounting Standard. |
| Objective |
| The objective
of this Statement is to prescribe the accounting
treatment for intangible assets that are not
dealt with specifically in another Accounting
Standard. This Statement requires an enterprise
to recognise an intangible asset if, and only
if, certain criteria are met. The Statement
also specifies how to measure the carrying amount
of intangible assets and requires certain disclosures
about intangible assets. |
| Scope |
| 1. |
This Statement should be applied
by all enterprises in accounting for intangible
assets, except:
- intangible assets that are covered by another
Accounting Standard;
- financial assets3;
- mineral rights and expenditure on the exploration
for, or development and extraction of, minerals,
oil, natural gas and similar non-regenerative
resources; and
- intangible assets arising in insurance enterprises
from contracts with policyholders.
|
| 2. |
If another Accounting
Standard deals with a specific type of intangible
asset, an enterprise applies that Accounting
Standard instead of this Statement. For example,
this Statement does not apply to :
-
intangible assets held by
an enterprise for sale in the ordinary course
of business (see AS 2, Valuation of Inventories,
and AS 7, Accounting for Construction Contracts);
-
deferred tax assets (see
AS 22, Accounting for Taxes on Income);
-
leases that fall within the
scope of AS 19, Leases; and
-
goodwill arising on an amalgamation
(see AS 14, Accounting for Amalgamations)
and goodwill arising on consolidation (see
AS 21, Consolidated Financial Statements).
|
| 3. |
This Statement
applies to, among other things, expenditure
on advertising, training, start-up, research
and development activities. Research and development
activities are directed to the development of
knowledge. Therefore, although these activities
may result in an asset with physical substance
(for example, a prototype), the physical element
of the asset is secondary to its intangible
component, that is the knowledge embodied in
it. This Statement also applies to rights under
licensing agreements for items such as motion
picture films, video recordings, plays, manuscripts,
patents and copyrights. These items are excluded
from the scope of AS 19. |
| 4. |
In the case of
a finance lease, the underlying asset may be
either tangible or intangible. After initial
recognition, a lessee deals with an intangible
asset held under a finance lease under this
Statement. |
| 5. |
Exclusions from
the scope of an Accounting Standard may occur
if certain activities or transactions are so
specialised that they give rise to accounting
issues that may need to be dealt with in a different
way. Such issues arise in the expenditure on
the exploration for, or development and extraction
of, oil, gas and mineral deposits in extractive
industries and in the case of contracts between
insurance enterprises and their policyholders.
Therefore, this Statement does not apply to
expenditure on such activities. However, this
Statement applies to other intangible assets
used (such as computer software), and other
expenditure (such as start-up costs), in extractive
industries or by insurance enterprises. Accounting
issues of specialised nature also arise in respect
of accounting for discount or premium relating
to borrowings and ancillary costs incurred in
connection with the arrangement of borrowings,
share issue expenses and discount allowed on
the issue of shares. Accordingly, this Statement
does not apply to such items also. |
| Definitions |
| 6. |
The following
terms are used in this Statement with the meanings
specified :
An intangible asset is an identifiable
non-monetary asset, without physical substance,
held for use in the production or supply of goods
or services, for rental to others, or for administrative
purposes.
An asset is a resource:
- controlled by an enterprise as a result
of past events; and
- from which future economic benefits are
expected to flow to the enterprise.
Monetary assets
are money held and assets to be received in
fixed or determinable amounts of money.
Non-monetary assets are assets other than
monetary assets.
Research is original and planned investigation
undertaken with the prospect of gaining new scientific
or technical knowledge and understanding.
Development is the application of research
findings or other knowledge to a plan or design
for the production of new or substantially improved
materials, devices, products, processes, systems
or services prior to the commencement of commercial
production or use.
Amortisation is the systematic allocation
of the depreciable amount of an intangible asset
over its useful life.
Depreciable amount is the cost of an asset
less its residual value.
Useful life is either :
-
the period of time over which
an asset is expected to be used by the enterprise;
or
-
the number of production
or similar units expected to be obtained
from the asset by the enterprise.
Residual value is the
amount which an enterprise expects to obtain
for an asset at the end of its useful life after
deducting the expected costs of disposal.
Fair value of an asset is the amount
for which that asset could be exchanged between
knowledgeable, willing parties in an arm's length
transaction.
An active market is a market where all
the following conditions exist :
- the items traded within the market are homogeneous;
- willing buyers and sellers can normally
be found at any time; and
- prices are available to the public.
An impairment loss is
the amount by which the carrying amount of an
asset exceeds its recoverable amount.4
Carrying amount is the amount at which
an asset is recognised in the balance sheet,
net of any accumulated amortisation and accumulated
impairment losses thereon.
|
| Intangible Assets |
| 7. |
Enterprises frequently
expend resources, or incur liabilities, on the
acquisition, development, maintenance or enhancement
of intangible resources such as scientific or
technical knowledge, design and implementation
of new processes or systems, licences, intellectual
property, market knowledge and trademarks (including
brand names and publishing titles). Common examples
of items encompassed by these broad headings
are computer software, patents, copyrights,
motion picture films, customer lists, mortgage
servicing rights, fishing licences, import quotas,
franchises, customer or supplier relationships,
customer loyalty, market share and marketing
rights. Goodwill is another example of an item
of intangible nature which either arises on
acquisition or is internally generated. |
| 8. |
Not all the items
described in paragraph 7 will meet the definition
of an intangible asset, that is, identifiability,
control over a resource and expectation of future
economic benefits flowing to the enterprise.
If an item covered by this Statement does not
meet the definition of an intangible asset,
expenditure to acquire it or generate it internally
is recognised as an expense when it is incurred.
However, if the item is acquired in an amalgamation
in the nature of purchase, it forms part of
the goodwill recognised at the date of the amalgamation
(see paragraph 55). |
| 9. |
Some intangible
assets may be contained in or on a physical
substance such as a compact disk (in the case
of computer software), legal documentation (in
the case of a licence or patent) or film (in
the case of motion pictures). The cost of the
physical substance containing the intangible
assets is usually not significant. Accordingly,
the physical substance containing an intangible
asset, though tangible in nature, is commonly
treated as a part of the intangible asset contained
in or on it. |
| 10. |
In some cases,
an asset may incorporate both intangible and
tangible elements that are, in practice, inseparable.
In determining whether such an asset should
be treated under AS 10, Accounting for Fixed
Assets, or as an intangible asset under this
Statement, judgement is required to assess as
to which element is predominant. For example,
computer software for a computer controlled
machine tool that cannot operate without that
specific software is an integral part of the
related hardware and it is treated as a fixed
asset. The same applies to the operating system
of a computer. Where the software is not an
integral part of the related hardware, computer
software is treated as an intangible asset.
|
| Identifiability |
| 11. |
The definition
of an intangible asset requires that an intangible
asset be identifiable. To be identifiable, it
is necessary that the intangible asset is clearly
distinguished from goodwill. Goodwill arising
on an amalgamation in the nature of purchase
represents a payment made by the acquirer in
anticipation of future economic benefits. The
future economic benefits may result from synergy
between the identifiable assets acquired or
from assets which, individually, do not qualify
for recognition in the financial statements
but for which the acquirer is prepared to make
a payment in the amalgamation. |
| 12. |
An intangible
asset can be clearly distinguished from goodwill
if the asset is separable. An asset is separable
if the enterprise could rent, sell, exchange
or distribute the specific future economic benefits
attributable to the asset without also disposing
of future economic benefits that flow from other
assets used in the same revenue earning activity.
|
| 13. |
Separability is
not a necessary condition for identifiability
since an enterprise may be able to identify
an asset in some other way. For example, if
an intangible asset is acquired with a group
of assets, the transaction may involve the transfer
of legal rights that enable an enterprise to
identify the intangible asset. Similarly, if
an internal project aims to create legal rights
for the enterprise, the nature of these rights
may assist the enterprise in identifying an
underlying internally generated intangible asset.
Also, even if an asset generates future economic
benefits only in combination with other assets,
the asset is identifiable if the enterprise
can identify the future economic benefits that
will flow from the asset. |
| Control |
| 14. |
An enterprise
controls an asset if the enterprise has the
power to obtain the future economic benefits
flowing from the underlying resource and also
can restrict the access of others to those benefits.
The capacity of an enterprise to control the
future economic benefits from an intangible
asset would normally stem from legal rights
that are enforceable in a court of law. In the
absence of legal rights, it is more difficult
to demonstrate control. However, legal enforceability
of a right is not a necessary condition for
control since an enterprise may be able to control
the future economic benefits in some other way.
|
| 15. |
Market and technical
knowledge may give rise to future economic benefits.
An enterprise controls those benefits if, for
example, the knowledge is protected by legal
rights such as copyrights, a restraint of trade
agreement (where permitted) or by a legal duty
on employees to maintain confidentiality. |
| 16. |
An enterprise
may have a team of skilled staff and may be
able to identify incremental staff skills leading
to future economic benefits from training. The
enterprise may also expect that the staff will
continue to make their skills available to the
enterprise. However, usually an enterprise has
insufficient control over the expected future
economic benefits arising from a team of skilled
staff and from training to consider that these
items meet the definition of an intangible asset.
For a similar reason, specific management or
technical talent is unlikely to meet the definition
of an intangible asset, unless it is protected
by legal rights to use it and to obtain the
future economic benefits expected from it, and
it also meets the other parts of the definition.
|
| 17. |
An enterprise
may have a portfolio of customers or a market
share and expect that, due to its efforts in
building customer relationships and loyalty,
the customers will continue to trade with the
enterprise. However, in the absence of legal
rights to protect, or other ways to control,
the relationships with customers or the loyalty
of the customers to the enterprise, the enterprise
usually has insufficient control over the economic
benefits from customer relationships and loyalty
to consider that such items (portfolio of customers,
market shares, customer relationships, customer
loyalty) meet the definition of intangible assets.
|
| Future Economic Benefits
|
| 18. |
The future economic
benefits flowing from an intangible asset may
include revenue from the sale of products or
services, cost savings, or other benefits resulting
from the use of the asset by the enterprise.
For example, the use of intellectual property
in a production process may reduce future production
costs rather than increase future revenues.
|
| Recognition and Initial
Measurement of an Intangible Asset |
| 19. |
The recognition
of an item as an intangible asset requires an
enterprise to demonstrate that the item meets
the:
- definition of an intangible asset (see paragraphs
6-18); and
- recognition criteria set out in this Statement
(see paragraphs 20-54).
|
| 20. |
An intangible asset should
be recognised if, and only if:
- it is probable that the future economic
benefits that are attributable to the asset
will flow to the enterprise; and
- the cost of the asset can be measured reliably.
|
| 21. |
An enterprise
should assess the probability of future economic
benefits using reasonable and supportable assumptions
that represent best estimate of the set of economic
conditions that will exist over the useful life
of the asset. |
| 22. |
An enterprise
uses judgement to assess the degree of certainty
attached to the flow of future economic benefits
that are attributable to the use of the asset
on the basis of the evidence available at the
time of initial recognition, giving greater
weight to external evidence. |
| 23. |
An intangible asset should
be measured initially at cost. |
| Separate Acquisition
|
| 24. |
If an intangible
asset is acquired separately, the cost of the
intangible asset can usually be measured reliably.
This is particularly so when the purchase consideration
is in the form of cash or other monetary assets.
|
| 25. |
The cost of an
intangible asset comprises its purchase price,
including any import duties and other taxes
(other than those subsequently recoverable by
the enterprise from the taxing authorities),
and any directly attributable expenditure on
making the asset ready for its intended use.
Directly attributable expenditure includes,
for example, professional fees for legal services.
Any trade discounts and rebates are deducted
in arriving at the cost. |
| 26. |
If an intangible
asset is acquired in exchange for shares or
other securities of the reporting enterprise,
the asset is recorded at its fair value, or
the fair value of the securities issued, whichever
is more clearly evident. |
| Acquisition as Part of an Amalgamation |
| 27. |
An intangible
asset acquired in an amalgamation in the nature
of purchase is accounted for in accordance with
Accounting Standard (AS) 14, Accounting for
Amalgamations. Where in preparing the financial
statements of the transferee company, the consideration
is allocated to individual identifiable assets
and liabilities on the basis of their fair values
at the date of amalgamation, paragraphs 28 to
32 of this Statement need to be considered.
|
| 28. |
Judgement is required
to determine whether the cost (i.e. fair value)
of an intangible asset acquired in an amalgamation
can be measured with sufficient reliability
for the purpose of separate recognition. Quoted
market prices in an active market provide the
most reliable measurement of fair value. The
appropriate market price is usually the current
bid price. If current bid prices are unavailable,
the price of the most recent similar transaction
may provide a basis from which to estimate fair
value, provided that there has not been a significant
change in economic circumstances between the
transaction date and the date at which the asset's
fair value is estimated. |
| 29. |
If no active market
exists for an asset, its cost reflects the amount
that the enterprise would have paid, at the
date of the acquisition, for the asset in an
arm's length transaction between knowledgeable
and willing parties, based on the best information
available. In determining this amount, an enterprise
considers the outcome of recent transactions
for similar assets. |
| 30. |
Certain enterprises
that are regularly involved in the purchase
and sale of unique intangible assets have developed
techniques for estimating their fair values
indirectly. These techniques may be used for
initial measurement of an intangible asset acquired
in an amalgamation in the nature of purchase
if their objective is to estimate fair value
as defined in this Statement and if they reflect
current transactions and practices in the industry
to which the asset belongs. These techniques
include, where appropriate, applying multiples
reflecting current market transactions to certain
indicators driving the profitability of the
asset (such as revenue, market shares, operating
profit, etc.) or discounting estimated future
net cash flows from the asset. |
| 31. |
In accordance with this Statement:
-
a transferee recognises an
intangible asset that meets the recognition
criteria in paragraphs 20 and 21, even if
that intangible asset had not been recognised
in the financial statements of the transferor
; and
-
if the cost (i.e. fair value)
of an intangible asset acquired as part
of an amalgamation in the nature of purchase
cannot be measured reliably, that asset
is not recognised as a separate intangible
asset but is included in goodwill (see paragraph
55).
|
| 32. |
Unless there
is an active market for an intangible asset
acquired in an amalgamation in the nature of
purchase, the cost initially recognised for
the intangible asset is restricted to an amount
that does not create or increase any capital
reserve arising at the date of the amalgamation.
|
| Acquisition by way of a Government Grant |
| 33. |
In some cases,
an intangible asset may be acquired free of
charge, or for nominal consideration, by way
of a government grant. This may occur when a
government transfers or allocates to an enterprise
intangible assets such as airport landing rights,
licences to operate radio or television stations,
import licences or quotas or rights to access
other restricted resources. AS 12, Accounting
for Government Grants, requires that government
grants in the form of non-monetary assets, given
at a concessional rate should be accounted for
on the basis of their acquisition cost. AS 12
also requires that in case a non-monetary asset
is given free of cost, it should be recorded
at a nominal value. Accordingly, intangible
asset acquired free of charge, or for nominal
consideration, by way of government grant is
recognised at a nominal value or at the acquisition
cost, as appropriate; any expenditure that is
directly attributable to making the asset ready
for its intended use is also included in the
cost of the asset. |
| Exchanges of Assets |
| 34. |
An intangible
asset may be acquired in exchange or part exchange
for another asset. In such a case, the cost
of the asset acquired is determined in accordance
with the principles laid down in this regard
in AS 10, Accounting for Fixed Assets. |
| Internally Generated Goodwill |
| 35. |
Internally generated goodwill should not be recognised
as an asset. |
| 36. |
In some cases,
expenditure is incurred to generate future economic
benefits, but it does not result in the creation
of an intangible asset that meets the recognition
criteria in this Statement. Such expenditure
is often described as contributing to internally
generated goodwill. Internally generated goodwill
is not recognised as an asset because it is
not an identifiable resource controlled by the
enterprise that can be measured reliably at
cost. |
| 37. |
Differences between
the market value of an enterprise and the carrying
amount of its identifiable net assets at any
point in time may be due to a range of factors
that affect the value of the enterprise. However,
such differences cannot be considered to represent
the cost of intangible assets controlled by
the enterprise. |
| Internally Generated Intangible Assets |
| 38. |
It is sometimes
difficult to assess whether an internally generated
intangible asset qualifies for recognition.
It is often difficult to:
-
identify whether, and the
point of time when, there is an identifiable
asset that will generate probable future
economic benefits; and
-
determine the cost of the
asset reliably. In some cases, the cost
of generating an intangible asset internally
cannot be distinguished from the cost of
maintaining or enhancing the enterprise's
internally generated goodwill or of running
day-to-day operations.
Therefore, in addition to complying
with the general requirements for the recognition
and initial measurement of an intangible asset,
an enterprise applies the requirements and guidance
in paragraphs 39-54 below to all internally
generated intangible assets. |
| 39. |
To assess whether
an internally generated intangible asset meets
the criteria for recognition, an enterprise
classifies the generation of the asset into:
- a research phase; and
- a development phase.
Although the terms 'research'
and 'development' are defined, the terms 'research
phase' and 'development phase' have a broader
meaning for the purpose of this Statement. |
| 40. |
If an enterprise
cannot distinguish the research phase from the
development phase of an internal project to
create an intangible asset, the enterprise treats
the expenditure on that project as if it were
incurred in the research phase only. |
| Research Phase |
| 41. |
No intangible asset arising
from research (or from the research phase of an
internal project) should be recognised. Expenditure
on research (or on the research phase of an internal
project) should be recognised as an expense when
it is incurred. |
| 42. |
This Statement
takes the view that, in the research phase of
a project, an enterprise cannot demonstrate
that an intangible asset exists from which future
economic benefits are probable. Therefore, this
expenditure is recognised as an expense when
it is incurred. |
| 43. |
Examples of research activities
are:
- activities aimed at obtaining new knowledge;
-
the search for, evaluation
and final selection of, applications of
research findings or other knowledge;
-
the search for alternatives
for materials, devices, products, processes,
systems or services; and
-
the formulation, design,
evaluation and final selection of possible
alternatives for new or improved materials,
devices, products, processes, systems or
services.
|
| Development Phase |
| 44. |
An intangible
asset arising from development (or from the development
phase of an internal project) should be recognised
if, and only if, an enterprise can demonstrate
all of the following:
-
the technical feasibility
of completing the intangible asset so that
it will be available for use or sale;
-
its intention to complete
the intangible asset and use or sell it;
-
its ability to use or sell
the intangible asset;
-
how the intangible asset
will generate probable future economic benefits.
Among other things, the enterprise should
demonstrate the existence of a market for
the output of the intangible asset or the
intangible asset itself or, if it is to
be used internally, the usefulness of the
intangible asset;
-
the availability of adequate
technical, financial and other resources
to complete the development and to use or
sell the intangible asset; and
-
its ability to measure the
expenditure attributable to the intangible
asset during its development reliably.
|
| 45. |
In the development
phase of a project, an enterprise can, in some
instances, identify an intangible asset and
demonstrate that future economic benefits from
the asset are probable. This is because the
development phase of a project is further advanced
than the research phase. |
| 46. |
Examples of development activities
are:
-
the design, construction
and testing of pre-production or pre-use
prototypes and models;
-
the design of tools, jigs,
moulds and dies involving new technology;
-
the design, construction
and operation of a pilot plant that is not
of a scale economically feasible for commercial
production; and
-
the design, construction
and testing of a chosen alternative for
new or improved materials, devices, products,
processes, systems or services.
|
| 47. |
To demonstrate
how an intangible asset will generate probable
future economic benefits, an enterprise assesses
the future economic benefits to be received
from the asset using the principles in Accounting
Standard on Impairment of Assets5. If the asset
will generate economic benefits only in combination
with other assets, the enterprise applies the
concept of cash-generating units as set out
in Accounting Standard on Impairment of Assets.
|
| 48. |
Availability of
resources to complete, use and obtain the benefits
from an intangible asset can be demonstrated
by, for example, a business plan showing the
technical, financial and other resources needed
and the enterprise's ability to secure those
resources. In certain cases, an enterprise demonstrates
the availability of external finance by obtaining
a lender's indication of its willingness to
fund the plan. |
| 49. |
An enterprise's
costing systems can often measure reliably the
cost of generating an intangible asset internally,
such as salary and other expenditure incurred
in securing copyrights or licences or developing
computer software. |
| 50. |
Internally
generated brands, mastheads, publishing titles,
customer lists and items similar in substance
should not be recognised as intangible assets.
|
| 51. |
This Statement
takes the view that expenditure on internally
generated brands, mastheads, publishing titles,
customer lists and items similar in substance
cannot be distinguished from the cost of developing
the business as a whole. Therefore, such items
are not recognised as intangible assets. |