CIRD11175 - Intangible assets within FA02/SCH29: asset conditions: options in respect of intangible fixed assets

FA02/SCH29/PARA3 (2)

Options or other rights to acquire or dispose of intangible fixed assets

The general rule that only intangible assets which are ‘fixed assets’ for accounting purposes come within Schedule 29 (see CIRD11170) is subject to an exception for options or other rights (for example a futures contract) to acquire or dispose of an asset which itself counts as an ‘intangible fixed asset’. An option or right of this sort is to be regarded as an intangible fixed asset even though the option or right may not be of a sufficient duration to satisfy clearly the test described in CIRD11170.

Link with legislation on derivative contracts

Options and other rights to acquire or dispose of an asset within paragraph 3(2) are specifically excluded from the scope of the rules in FA02/SCH26 on derivative contracts generally (see FA02/SCH26/PARA4 (2)(c) and PARA12 (9). See CFM11000 onwards and CFM13250 onwards.

Conversely, option and other rights of this kind, which are in respect of assets outside Schedule 29, are themselves outside Schedule 29 (see CIRD25010).

Where the subject matter of an option or other right to acquire or dispose of an asset is partly an intangible fixed asset and partly another asset the option will fall partly within Schedule 29 and partly within the rules in Schedule 26. Both Schedules permit apportionment of the contract in these circumstances on a just and reasonable basis. In practice, it should be accepted that an apportionment which meets the requirements of FA02/SCH26/PARA45 and PARA46 -see CFM11000 onwards and CFM13250 onwards - also meets those of Schedule 29 (see CIRD25015).

Other derivative contracts

Other derivative contracts, for example a contract for differences, whose underlying subject matter is an intangible fixed asset, will normally be accounted for as financial assets and therefore excluded from Schedule 29. See CIRD25050.

Where valuation of intangible assets is an issue see CIRD10240.