BIM35500 - Capital/revenue divide - intangible assets: Contents

In his classic definition, Lord Cave referred to an asset or advantage of an enduring benefit (see BIM35010). Businesses spend money on acquiring tangible assets like machines and business premises. But they may also acquire intangible assets or advantages of other kinds. These latter may take the form of various kinds of intellectual property, or leases and other interests over land. Or they may be less well defined, like the disappearance of a competitor from the market. Where the intangible asset or advantage has sufficient quality of endurance the expenditure involved will be capital.

The guidance that follows describes a number of cases involving intangible assets that have come before the courts.


BIM35501 Overriding statute law
BIM35505 General introduction
BIM35510 Acquisition of commercial advantages
BIM35515 Acquisition of business franchises or licences
BIM35525 Fees in connection with the capital structure of a business
BIM35530 Profit making structure
BIM35535 Profit making structure - recent developments
BIM35540 Payment to preserve existing business or asset structure
BIM35545 Payment to change existing business or asset structure
BIM35550 Exclusivity ties
BIM35555 Exclusivity ties - reimbursed repairs, etc
BIM35560 Exclusivity ties - acquiring an interest in land
BIM35565 Changes to company charter
BIM35570 Cost of an anti-nationalisation campaign
BIM35575 Expenditure in connection with loans and other liabilities
BIM35580 Incidental expenditure incurred in financing the business
BIM35585 Release from an onerous agreement
BIM35590 Getting rid of an unsatisfactory employee
BIM35595 Payment to bind employee with a restrictive covenant
BIM35600 Compensation for sterilising an asset
BIM35605 Purchase of tipping sites by a waste disposal company
BIM35610 Inducements to enter a lease
BIM35615 Costs of incorporating a new company
BIM35620 Making good dilapidations as a condition of the lease
BIM35625 Surrender of onerous lease
BIM35630 Assignment of onerous lease
BIM35635 Payment to another company to cease production for a period
BIM35640 Expenditure developing a brand name
BIM35645 Building society demutualisation
BIM35650 Money injected into a subsidiary as a condition of sale
BIM35655 Liabilities assumed as part of the consideration for purchase of a business
BIM35660 Proprietor's training courses