Accounting Treatment of Know How

This query is : Resolved 

08 February 2010 In case of purchase of any plant & machinery and as per terms & conditions, vendor is to provide us technical know-how to operate the plant like training to staff/workers for operating the plant etc.

Can u tell me the treatment of Payment of Know How fee as per:

(a) Indian Accounting Standards
(b) IFRS
(c) Income Tax Act

Like: Capitalization / Account for as Intangible Assets/Write off in particular period of time.

Regards


08 February 2010 Pls. provide the information

14 July 2024 The treatment of payment for technical know-how fees can vary based on the accounting standards and tax regulations applicable to your company. Let's address each aspect:

### (a) Indian Accounting Standards (Ind AS):

Under Indian Accounting Standards (Ind AS), specifically Ind AS 38 - Intangible Assets, the treatment of payment for technical know-how fees would typically be as follows:

- **Initial Recognition:**
The technical know-how fee paid to the vendor would initially be recognized as an intangible asset if certain conditions are met:
- The technical know-how provides future economic benefits to the entity.
- The cost of the know-how can be reliably measured.

- **Subsequent Measurement:**
- **Amortization:** If the technical know-how has a finite useful life, it should be amortized over its useful life. The amortization method should reflect the pattern in which the economic benefits of the asset are consumed or expected to be consumed by the entity.
- **Impairment:** The asset should be assessed for impairment annually or whenever there is an indication of impairment, and impairment losses should be recognized if the carrying amount exceeds its recoverable amount.

- **Disclosure:** Disclose the amount recognized in the financial statements, the amortization method used, and the amortization expense for the period.

### (b) International Financial Reporting Standards (IFRS):

Under IFRS, which align closely with Ind AS in many respects, the treatment is similar:

- **Initial Recognition:** Recognize the payment for technical know-how as an intangible asset if it meets the criteria for recognition (future economic benefits and reliable measurement).

- **Subsequent Measurement:**
- **Amortization:** Amortize the technical know-how over its useful life using an appropriate method.
- **Impairment:** Assess for impairment and recognize impairment losses if the carrying amount exceeds its recoverable amount.

- **Disclosure:** Provide disclosures about the nature of the asset, how it contributes to the entity's performance, and the amortization policy.

### (c) Income Tax Act:

Under the Income Tax Act, the treatment of technical know-how fees can impact tax deductions and depreciation allowances:

- **Capitalization:** The payment for technical know-how may qualify for depreciation under Section 32 of the Income Tax Act if it is considered an intangible asset. Depreciation is allowed based on the rates specified in the Act.

- **Amortization:** Alternatively, if the payment is considered revenue expenditure rather than capital expenditure, it may be eligible for deduction as a business expense under Section 37 of the Income Tax Act.

- **Tax Deduction:** The timing of deduction (whether immediate or spread over time) will depend on whether the expenditure is considered capital or revenue in nature, as per the provisions of the Income Tax Act.

### Example:

Suppose your company pays Rs. 10,00,000 for technical know-how related to a new plant and machinery:

- **Accounting Treatment (under Ind AS / IFRS):**
```
Technical Know-How Intangible Asset Account 10,00,000
To Bank Account 10,00,000
```
- Capitalize the payment as an intangible asset.
- Amortize the asset over its useful life.

- **Income Tax Treatment:**
- **Capital Expenditure:** Depreciate over the useful life of the asset.
- **Revenue Expenditure:** Deduct as business expense in the year of payment.

### Conclusion:

The treatment of technical know-how fees involves careful consideration of accounting standards (Ind AS / IFRS) for capitalization and subsequent amortization, as well as the provisions of the Income Tax Act for tax deductions. It's crucial to assess whether the payment qualifies as an intangible asset and to apply the appropriate accounting and tax treatments accordingly. Consulting with a qualified accountant or tax advisor is recommended to ensure compliance and optimal financial reporting.


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