Instead, the application software configuration usually an intangible asset in all respects (disregarding the software self).
With respect to amortization of the same shall be provided on a straight line related to the period of expected useful life. If that period is not determinable Accounting Standard No 24 should use the period of three years' time understood as alleged utility costs for software, given the high technological obsolescence which is subject to pursuant to the software. "
• If the license agreement provides for the payment of a fee should be charged to the same periodic to operations and net income would be included;
It follows that if the software was no longer used, it should proceed to a zero residual value, by entry in the income statement of a writedown for impairment loss, under B.10.c (other asset write-downs). Given the high degree of technological obsolescence which governs the software, this assumption is no doubt more frequent than other types of intangible assets.
• basic software, comparable to an immobilization material covered in the rate of their gender (20%) of the electronic machines, and this is for holders of self-employment income that business;
• application software, which is governed by depreciation. 103 of the Uniform Tax Code with respect to the corporate revenue, while there is no similar reference to independent income.
Under the said Article. 103, paragraph 1, of the Uniform Tax Code, the amortization the cost of rights to use intellectual property and patents are deductible for no more than a third of the cost. It then establishes a correspondence with the provisions in civil law, where the depreciation must be so related to the period of estimated useful life, but if that is not determinable time interval is conservative to use the three-year term.
This framework is applicable both in the purchase or acquisition of ownership of the software license for an indefinite period, does not arise where differences exist regarding the treatment and fiscal: as a rule, depreciation calculated at a rate of 33, 33% annually. Different
the discourse with reference to the purchase of the license term. In this case there are two possible solutions: •
if the license agreement provides for the payment of a periodical, for tax purposes the costs are certain negative components of income to the extent resulting from the accrual of Article . 109 of the Uniform Tax Code (in accordance with the rules of civil law);
• if the contract provides for payment of a fee instead of the one-off paid at the beginning to cover the entire license period, the amortization period should take into account duration of license.
The standard reference tax is art. 103, paragraph 2 of the Uniform Tax Code which provides that the amount of depreciation are deductible in use by the time required by the contract or by law (although in a somewhat different context it should be remembered as the resolution No 35 of February 13, 2003 has offered interesting ideas on the subject).