With the implementation of IFRS 3, the accounting treatment of intangible assets has undergone significant changes. IFRS 3 requires that all intangible assets that are; separately identifiable, are under the company’s control and a source of future economic benefits to the company, should be recognized separately in the company’s accounts in a business combination. According to IFRS 3, the value of goodwill represents the residual of the intangibles that do not meet the requirements of separate recognition. With the introduction of IFRS 3 the value of goodwill represents a substantially different value than before. The tax treatment of intangible assets is mainly represented in the Depreciation Act sections 40 and 41. In particular, the non-regulated intangible assets, goodwill and knowhow are uniquely difficult to define. Since the tax treatment to some extent is different, focus is brought on defining the intangibles separately among each other, despite the fact that legislation has been implemented with the purpose of making the taxation uniform. The tax wise use of the term goodwill is in law and literature defined as a concept related to specific identifiable factors as customers, business associates or like. The practical application of the concept is, however, somewhat different from the theoretical use of the term goodwill, and is used as a catch-all term for all the intangible assets. IFRS 3 is designed with the objective to improve the relevant, reliable and comparable information that a company disclose in its accounts. With focus particularly on the purchase price allocation that objective seems to be met and hence IFRS 3 therefore helps to reduce the uncertainty involved in the transfer of intangible assets, and increase the ability to obtain financing for the acquisition. Tax law is as a starting point intended to ensure that the correct tax base is determined. Of the preparatory on the rules of the Depreciation Act sections 40 and 41 it follows that the intention is to create a general and uniform taxation of intangible assets, which intends to remove the distinction between goodwill and other intangible assets, in the ambition to reduce the incentive for tax planning. Still differences in the tax treatment of intangible assets exits, why this purpose is not fully met.
|Uddannelser||Cand.merc.jur Erhvervsøkonomi og Jura, (Kandidatuddannelse) Afsluttende afhandling|