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Home Forums Patrick Cannon Intangible Asset Regime and SDLT Reply To: Intangible Asset Regime and SDLT

#275
Patrick Cannon
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Interesting question.The accounting treatment governs (as you suggest). FRS 10 defines intangible assets as ‘identifiable’ assets capable of being sold separately from the business which could include a sale of land and inherent goodwill. IAS 38 supports this by allowing it to be sold with a related asset. This suggests that inherent goodwill is within Sch 29. Para 73 Sch 29 which excludes rights enjoyed by virtue of an interest in land seems to be dealing with a separate category of rights such as covenants although the line gets fuzzy if the covenant supports the existence of the goodwill.