Special Income Recognition Problems - Purchased “Know-How”
Patents and computer software that are assets of a transaction where the assets of another business was acquired are considered a Section 197 intangible and may be amortized for tax purposes ratably over a 15 year period beginning in the month the intangible is acquired. If a patent is not subject to section 197 then the purchase price is amortized over the statutory 17 year life of a patent minus elapsed time at the purchase price. For computer software, non-Section 197 intangibles are written off over 36 months unless it is not separately stated from the cost of hardware in which case it is treated as costs of the computer hardware. If the non-Section 197 patent becomes worthless the un-amortized cost may be deducted in the taxable year in which it becomes worthless. Consideration of dispositions of assets and recognition of gains and losses are too detailed to discuss here but can be found in IRC Sections 1235 and 1221.
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