Amortize
Intangible Assets
Master the rules for systematically allocating the cost of intangible assets over their useful life: from patents and copyrights to goodwill.
What Are Intangible Assets?
Intangible assets are non-physical assets that provide economic benefit over time. Unlike buildings or equipment, you cannot touch them, but they hold real value on the balance sheet.
Why Amortization Matters
Amortization is the process of systematically spreading the cost of an intangible asset over its useful life. It follows the matching principle: expense recognition should align with the periods that benefit from the asset.
Two Categories of Intangibles
The Core Amortization Formula
Amortization Over Time
Section 197 Intangibles
IRC Section 197 applies to intangible assets acquired in connection with a business. These must be amortized over 15 years using the straight-line method, with no salvage value.
GAAP vs. Tax Treatment
| GAAP (ASC 350) | Tax (IRC Sec 197) | |
|---|---|---|
| Goodwill | Not amortized: impairment test | Amortized over 15 years |
| Patents | Amortized over useful life | Amortized over 15 years (if acquired) |
| Trademarks | Indefinite life: impairment only | Amortized over 15 years (if acquired) |
| Self-Created | Capitalize or expense per ASC | Generally not Sec 197: expense or capitalize |
| Method | Straight-line (or pattern of benefit) | Straight-line only |
Non-Section 197 Exceptions
Not all intangibles fall under Section 197. These assets follow their own amortization or depreciation rules:
How to Apply the Rules
Example 1: Basic Section 197
A company acquires a business and allocates $300,000 of the purchase price to goodwill. The acquisition closes on July 1 of the tax year.
Example 2: Self-Created Patent
A company develops a patent internally. Legal fees and filing costs total $45,000. The patent has a remaining legal life of 18 years but an expected useful life of 9 years.
Example 3: Multiple Intangibles
A buyer acquires a business on January 1 and allocates the purchase price to several intangibles:
| Asset | Cost | Period | Annual Deduction |
|---|---|---|---|
| Goodwill | $450,000 | 15 years | $30,000 |
| Covenant not to compete | $75,000 | 15 years | $5,000 |
| Customer list | $120,000 | 15 years | $8,000 |
| Off-the-shelf software | $18,000 | 36 months | $6,000 |
Anti-Churning Rules
Section 197 includes anti-churning provisions to prevent taxpayers from converting non-amortizable intangibles into amortizable ones through related-party transactions.
Common Mistakes
Summary of Amortization Rules
| Asset Type | Sec 197? | Amortization Period | Method |
|---|---|---|---|
| Acquired Goodwill | Yes | 15 years | Straight-line |
| Acquired Covenant | Yes | 15 years | Straight-line |
| Acquired Customer List | Yes | 15 years | Straight-line |
| Acquired Patent | Yes | 15 years | Straight-line |
| Self-Created Patent | No | Shorter of legal/useful life | Straight-line |
| Off-the-Shelf Software | No | 36 months | Straight-line |
| Goodwill (GAAP) | N/A | Not amortized | Impairment test |
Question 1 of 5
A company acquires a business and allocates $225,000 to goodwill. Under IRC Section 197, what is the annual amortization deduction?
Question 2 of 5
Which of the following intangible assets is generally excluded from Section 197?
Question 3 of 5
A company acquires a covenant not to compete for $90,000 as part of a business purchase. The covenant has a contractual term of 3 years. How is it amortized for tax purposes?
Question 4 of 5
Under GAAP (ASC 350), how is acquired goodwill treated?
Question 5 of 5
A company acquires a franchise for $180,000 on April 1 as part of a business acquisition. What is the first-year Section 197 amortization deduction?