Example 17.17:
   Impairment of an intangible asset with an indefinite useful
   life .......................................................................................................... 1269
   Example 17.18:
   Application of ‘net liability’ approach ........................................... 1280
   Example 17.19:
   Impact of purchased emission rights on the application of
   ‘net liability’ approach ....................................................................... 1281
   1213
   Chapter 17
   Intangible assets
   1 INTRODUCTION
   1.1 Background
   IAS 38 – Intangible Assets – is structured along similar lines as IAS 16 – Property, Plant
   and Equipment.
   Prior to IAS 38 accounting practice for intangible assets had largely developed on an
   issue-by-issue basis, with the result being a variety of treatments for particular types of
   intangible assets. There have been many topical issues over the years: research and
   development (as long ago as the 1970s), brands and similar assets (particularly those arising
   in business combinations), and assets and costs that are directly and indirectly related to
   the internet and personal communications. In time, it became apparent that two different
   types of intangible rights shared characteristics that made a single standard meaningful.
   Firstly, there are internal costs incurred by entities from which they expect to benefit
   in the future. The critical issue is identifying whether, when and how much of these
   costs should be recognised as assets, and how much should be recognised immediately
   as expenses. For example, there are many types of expenditure from which an entity
   may expect to benefit in future, but it is not possible to identify an asset or the
   relationship between the cost and future benefits is too tenuous to allow capitalisation.
   Secondly, there are intangible rights acquired separately or as part of business
   combinations. For intangible rights acquired in a business combination, a key issue is
   whether the intangible rights are distinguishable from goodwill and should be recognised
   separately. This has become more important as a consequence of goodwill not being
   amortised, which means that entities must identify as separate intangible assets certain
   rights, e.g. customer relationships that had historically been subsumed within goodwill.
   Unlike IAS 16 whose scope is defined by its title (it applies to property, plant and equipment),
   IAS 38 includes a definition of the assets to which it applies. However, this is so general (an
   intangible asset is an identifiable non-monetary asset without physical substance) that the
   standard must exclude certain assets and items of expenditure that would otherwise fall
   within it. The definition could include assets generated by other standards, which are
   therefore excluded from scope. Incidentally, this shows just how broad the definition could
   be as the list of scope exemptions includes deferred tax assets, leases and assets arising from
   1214 Chapter 17
   employee benefits which are within scope of, respectively, IAS 12 – Income Taxes, IFRS 16
   – Leases – and IAS 19 – Employee Benefits. [IAS 38.3]. Additional clarification comes from
   the prohibition on recognising internally-generated goodwill. This means that expenditure
   on brands and similar assets cannot be recognised as an intangible asset as it is not possible
   to distinguish these costs from the costs of developing the business as a whole. [IAS 38.63, 64].
   However, arguably the opposite approach is taken with the intangible assets identified in a
   business combination where the standard encourages separate recognition through a broad
   approach given to concepts such as separability. This remains a difficult and controversial
   area, discussed at 5 below. The requirements of IFRS 3 – Business Combinations – are
   discussed in Chapter 9.
   This chapter addresses the specific provisions of IAS 38, with the requirements relating
   to intangible assets acquired as part of a business combination being covered both at 5
   below and in Chapter 9. IFRS 13 – Fair Value Measurement – includes the guidance
   relating to the determination of fair values (see Chapter 14). Impairment of intangible
   assets is addressed in IAS 36 – Impairment of Assets, covered in Chapter 20.
   Other intangible assets are dealt with by specific accounting pronouncements. The amount
   spent on the operation and development of websites led to the issue of SIC-32 – Intangible
   Assets – Web Site Costs – that is discussed at 6.2.5 below. Although IAS 38 addresses
   acquisition by way of government grant, this has not proved sufficient to address accounting
   for various schemes designed to influence business behaviour, especially in environmental
   areas. Emissions trading schemes give rise to intangible rights and the attempts to devise a
   satisfactory accounting model for these and similar schemes are considered at 11.2 below.
   Recent years have seen an increase in the use and trading of crypto-assets such as
   Bitcoin and Ether. These may meet the relatively wide definition of intangible assets
   and can be accounted for under IAS 38. Crypto-assets are discussed at 11.5 below.
   1.2
   Terms used in IAS 38
   The following terms are used in IAS 38 with the meanings specified:
   Term Definition
   Intangible asset
   An identifiable non-monetary asset without physical substance. [IAS 38.8].
   Asset
   An asset is a resource: [IAS 38.8]
   (a) controlled by an entity as a result of past events; and
   (b) from which future economic benefits are expected to flow to the entity.
   Monetary assets
   Money held and assets to be received in fixed or determinable amounts of
   money. [IAS 38.8].
   Identifiable
   An asset is identifiable if it either: [IAS 38.12]
   (a) is separable, i.e. capable of being separated or divided from the entity
   and sold, transferred, licensed, rented or exchanged, either
   individually or together with a related contract, identifiable asset or
   liability, regardless of whether the entity intends to do so; or
   (b) arises from contractual or other legal rights, regardless of whether
   those rights are transferable or separable from the entity or from other
   rights and obligations.
   Intangible
   assets
   1215
   Control
   The power to obtain the future economic benefits flowing from the underlying
   resource and to restrict the access of others to those benefits. [IAS 38.13].
   Cost
   The amount of cash or cash equivalents paid or the fair value of other
   consideration given to acquire an asset at the time of its acquisition or
   construction, or, when applicable, the amount attributed to that asset when
   initially recognised in accordance with the specific requirements of other
   IFRSs, e.g. IFRS 2 – Share-based Payment. [IAS 38.8].
   Carrying amount
   The amount at which the asset is recognised in the statement of financial
   position after deducting any accumulated amortisation and accumulated
   impairment losses thereon. [IAS 38.8].
   Amortisation
   The systematic allocation of the depreciable amount of an intan
gible asset
   over its useful life. [IAS 38.8].
   Depreciable amount
   The cost of an asset, or other amount substituted for cost, less its residual
   value. [IAS 38.8].
   Residual value
   The estimated amount that the entity would currently obtain from disposal
   of the intangible asset, after deducting the estimated costs of disposal, if the
   intangible asset were already of the age and in the condition expected at the
   end of its useful life. [IAS 38.8].
   Useful life
   (a) the period over which an asset is expected to be available for use by
   an entity; or
   (b) the number of production or similar units expected to be obtained from
   the asset by an entity. [IAS 38.8].
   Impairment loss
   The amount by which the carrying amount of the asset exceeds its
   recoverable amount. [IAS 38.8].
   Research
   Original and planned investigation undertaken with the prospect of gaining
   new scientific or technical knowledge and understanding. [IAS 38.8].
   Development
   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 before the start of commercial
   production or use. [IAS 38.8].
   Entity-specific value
   The present value of the cash flows an entity expects to arise from the
   continuing use of an asset and from its disposal at the end of its useful life
   or expects to incur when settling a liability. [IAS 38.8].
   Fair value
   The price that would be received to sell an asset or paid to transfer a liability
   in an orderly transaction between market participants at the measurement
   date. (See Chapter 14). [IAS 38.8].
   Active market
   A market in which transactions for the asset or liability take place with
   sufficient frequency and volume to provide pricing information on an
   ongoing basis. [IFRS 13 Appendix A].
   1216 Chapter 17
   2
   OBJECTIVE AND SCOPE OF IAS 38
   The objective of IAS 38 is to prescribe the accounting treatment for intangible assets
   that are not specifically dealt with in another standard. [IAS 38.1].
   IAS 38 does not apply to accounting for:
   (a) intangible assets that are within the scope of another standard;
   (b) financial assets, as defined in IAS 32 – Financial Instruments: Presentation;
   (c) the recognition and measurement of exploration and evaluation assets within the
   scope of IFRS 6 – Exploration for and Evaluation of Mineral Resources; and
   (d) expenditure on the development and extraction of, minerals, oil, natural gas and
   similar non-regenerative resources. [IAS 38.2].
   Examples of specific types of intangible asset that fall within the scope of another
   standard include: [IAS 38.3]
   (a) intangible assets held by an entity for sale in the ordinary course of business, to
   which IAS 2 – Inventories – applies (see Chapters 22);
   (b) deferred tax assets, which are governed by IAS 12 (see Chapter 29);
   (c) leases of intangible assets accounted for in accordance with IFRS 16 (see
   Chapter 24). Rights under licensing agreements for such items as motion picture
   films, video recordings, plays, manuscripts, patents and copyrights that are outside
   the scope of IFRS 16 [IFRS 16.3] are within the scope of IAS 38; [IAS 38.6]
   (d) assets arising from employee benefits, for which IAS 19 is relevant (see Chapter 31);
   (e) financial assets as defined in IAS 32. The recognition and measurement of some
   financial assets are covered by IFRS 10 – Consolidated Financial Statements,
   IAS 27 – Separate Financial Statements – and IAS 28 – Investments in Associates
   and Joint Ventures (see Chapters 6, 8, 11 and 40 to 50);
   (f) goodwill acquired in a business combination, which is determined under IFRS 3
   (see Chapter 9);
   (g) deferred acquisition costs, and intangible assets, arising from an insurer’s
   contractual rights under insurance contracts within the scope of IFRS 4 –
   Insurance Contracts, or IFRS 17 – Insurance Contracts – if applied. IFRS 4 sets out
   specific disclosure requirements for those deferred acquisition costs but not for
   those intangible assets. Therefore, the disclosure requirements in this standard
   apply to those intangible assets (see Chapter 51);
   (h) non-current intangible assets classified as held for sale, or included in a disposal
   group that is classified as held for sale, in accordance with IFRS 5 – Non-current
   Assets Held for Sale and Discontinued Operations (see Chapter 4); and
   (i) assets arising from contracts with customers that are recognised in accordance
   with IFRS 15 – Revenue from Contracts with Customers.
   IAS 38 excludes insurance contracts and expenditure on the exploration for, or development
   and extraction of oil, gas and mineral deposits in extractive industries from its scope because
   activities or transactions in these areas are so specialised that they give rise to accounting
   issues that need to be dealt with in a different way. However, the standard does apply to
   Intangible
   assets
   1217
   other intangible assets used in extractive industries or by insurers (such as computer
   software), and other expenditure incurred by them (such as start-up costs). [IAS 38.7].
   Finally, the standard makes it clear that it applies to expenditures on advertising,
   training, start-up and research and development activities. [IAS 38.5].
   2.1
   What is an intangible asset?
   IAS 38 defines an asset as ‘a resource controlled by an entity as a result of past events;
   and from which future economic benefits are expected to flow to the entity’. [IAS 38.8].
   Intangible assets form a sub-section of this group and are further defined as ‘an
   identifiable non-monetary asset without physical substance’. [IAS 38.8]. The IASB
   considers that the essential characteristics of intangible assets are that they are:
   • controlled by the entity;
   • will give rise to future economic benefits for the entity;
   • lack physical substance; and
   • are identifiable.
   An item with these characteristics is classified as an intangible asset regardless of the
   reason why an entity might hold that asset. [IAS 38.BC5]. There is one exception: intangible
   assets held for sale (either in the ordinary course of business or as part of a disposal
   group) and accounted for under IAS 2 or IFRS 5 are specifically excluded from the scope
   of IAS 38. [IAS 38.3].
   Businesses frequently incur expenditure on all sorts of intangible resources such as
   scientific or technical knowledge, design and implementation of new processes or
   systems, licences, intellectual property, market knowledge, trademarks, brand names
   and publishing titles. Examples that fall under these headings include 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. [IAS 38.9].
   Although these items are mentioned by the standard, not all of them will meet the
 
  standard’s eligibility criteria for recognition as an intangible asset, which requires
   identifiability, control over a resource and the existence of future economic benefits.
   Expenditure on items that do not meet all three criteria will be expensed when incurred,
   unless they have arisen in the context of a business combination as discussed at 5 below.
   [IAS 38.10].
   2.1.1 Identifiability
   IAS 38’s requirement that an intangible asset must be ‘identifiable’ was introduced to try
   to distinguish it from internally generated goodwill (which, outside a business
   combination, should not be recognised as an asset [IAS 38.48]), but also to emphasise that,
   especially in the context of a business combination, there will be previously unrecorded
   items that should be recognised in the financial statements as intangible assets
   separately from goodwill. [IAS 38.BC7, BC8].
   IFRS 3 defines goodwill as ‘representing the future economic benefits arising from other
   assets acquired in a business combination that are not individually identified and
   1218 Chapter 17
   separately recognised.’ [IFRS 3 Appendix A]. For example, future economic benefits may
   result from synergy between the identifiable assets acquired or from assets that,
   individually, do not qualify for recognition in the financial statements. [IAS 38.11].
   IAS 38 states that an intangible asset is identifiable when it either: [IAS 38.12]
   (a) is separable, meaning that it is capable of being separated or divided from the entity
   and sold, transferred, licensed, rented or exchanged, either individually or together
   with a related contract, identifiable asset or liability, regardless of whether the
   entity intends to do so; or
   (b) arises from contractual or other legal rights, regardless of whether those rights are
   transferable or separable from the entity or from other rights and obligations.
   The explicit requirement to recognise assets arising from contractual rights alone
   confirms the IASB’s position that the existence of contractual or legal rights is a
   characteristic that distinguishes an intangible asset from goodwill, even if those rights
   are not readily separable from the entity as a whole. The Board cites as an example of
   such an intangible asset a licence that, under local law, is not transferable except by sale
   
 
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