Valuation of intangible assets
Valuation (determination of the value of intangible assets) depends on the method of acquisition. Intangible assets can be made as a contribution to the authorized capital, purchased for a fee from other organizations, received free of charge, created at the enterprise. Therefore, the assessment can be made by agreement of the parties, based on the cost of acquisition, at market value, at the cost of production.
The initial cost of intangible assets acquired for a fee is determined as the sum of all the actual costs of acquisition and bringing them into a condition suitable for use for planned purposes.
The initial cost of intangible assets created by the organization itself is calculated as the sum of all the actual costs of their creation, manufacture (spent material resources, wages, services of third parties, patent fees associated with obtaining patents, certificates, etc.).
The initial value of intangible assets contributed to the authorized (share) capital of the organization is calculated on the basis of their monetary valuation agreed by the founders (participants) of the organization.
The initial value of intangible assets received by the organization free of charge), corresponds to their market value on the date of adoption to accounting. Valuation of intellectual property
Valuation of intellectual property is the determination of the value of the volume of rights to the results of intellectual activity, the possession of which provides their owner with a certain benefit.
Intellectual property can be created in the enterprise or acquired from the outside, but in any case requires an assessment of its value, which is a monetary measure of how much a legal entity or individual is willing to pay for the ownership of the rights to specific results of intellectual work.
When assessing intellectual property, several types of value are used:
- the most probable price for which the intellectual property can be sold in the conditions of free competition in the market with full awareness of the parties about the conditions of use of intellectual property by its buyer. Estimated cost
- the price determined by the market participants taking into account all the terms of the contract; it is calculated by each of the parties to the transaction independently and means the minimum price for the seller and the maximum price for the buyer. Investment value
- the value of intellectual property for a particular investor, taking into account certain goals and conditions (criteria) of investment. Book value
- the value of intellectual property in monetary terms, located on the balance sheet of the enterprise as part of intangible assets.
Depending on the type of transactions with intellectual property, such types of value as contractual, implementation, initial, residual, recovery, liquidation, etc.are also used. the Choice of the type of value is determined by the objectives of the assessment.
The range of commercial transactions in which the valuation of intellectual property is required is constantly expanding, these include:
- introduction of intellectual property in the authorized capital of the enterprise;
- purchase and sale of the enterprise (business);
- privatization, corporatization, reorganization (merger, accession, etc.) or restructuring of the existing enterprise;
- purchase and sale of patents and licenses;
- valuation and accounting of intangible assets of the enterprise;
- tax minimization, determination of the share of intellectual property in investment projects;
- collateral lending, donation and inheritance of intellectual property;
- determination of damage from infringement of intellectual property owner's rights;
- calculation of the amount of compensation in case of compulsory licensing or use of the invention during the period of temporary legal protection;
- increase of efficiency of use of assets of the enterprise;
- determination of remuneration for authors of intellectual property objects and persons promoting their use, etc.
The value of intellectual property is estimated using the approaches adopted in international practice: cost, comparative (market) and profitable. Challenging the cadastral value of land
In accordance with the legislation on valuation activities, the results of determination of cadastral cost can be challenged in court and the Commission on consideration of disputes on results of definition of cadastral cost (further - the Commission)(the order of creation and work of the commissions approved by the order of Ministry of economic development of Russia from 04.05.2012 № 263).
Results of determination of cadastral value can be challenged:
- if the results of the cadastral value determination affect the rights and obligations of these persons;
- legal entities if the results of the cadastral value determination affect the rights and obligations of these persons;
- bodies of state power, bodies of local self-government concerning the real estate objects which are in the state or municipal property.
Challenge of cadastral value in court is carried out in the procedure established by the legislation of consideration of judicial disputes. Moreover, for individuals to challenge the results of determining the cadastral value in court, a preliminary appeal to the Commission is not mandatory. However for legal entities and public authorities, local governments concerning the real estate object which is in the state or municipal property, challenge of results of determination of cadastral value in court is possible only in case of rejection by the Commission of the application for revision of the cadastral value submitted on the corresponding basis or in case the application for revision of the cadastral value is not considered by the Commission within a month from the date of its receipt.
The possibility of challenging the results of cadastral value in the Commission is established by article 24.18 of Federal law of 29.07.1998 № 135-FZ and the order of creation and work of the Commission on consideration of disputes on results of definition of cadastral cost, approved by order of Ministry of economic development of Russia from 04.03.2012 No. 263.
Information about the cadastral value of the property, included in the state cadastre of real estate, including on a certain date, and the date of its entering into the state cadastre of real estate and its definition, in. the form of the cadastral reference on the cadastral value of the property, the form of which was approved by order of Ministry of economic development of Russia from 01.10.2013 No. 566, by contacting the branch fgbu "PCF rosreestra" in the subject of the Russian Federation with a request, designed in accordance with the Procedure of granting of the data brought in the state cadastre of real estate, approved by the order of the Ministry of economic development of Russia dated 27.02.2010 No. 75.
In the Committees, the cadastral value may be challenged on the following grounds:
- unreliability of information about the property used in determining its cadastral value;
- establishment in respect of the real estate object of its market value on the date as of which its cadastral value was established.
In order to identify the reasons for revision of results of the cadastral value of the property, the applicant may apply to the customer (information about the customer of works by definition of cadastral cost can be specified in Management of Federal registration service on the subject of the Russian Federation) in case the cadastral value of the property determined in the course of the state cadastral valuation, or to the authority responsible for the state cadastral assessment (Management of Federal registration service on the subject of the Russian Federation), if the cost is determined in the course of cadastral registration of the real estate object or cadastral registration of changes in the real estate object, with a request for information about the real estate object used in determining its cadastral value.
To clarify how it determined the cadastral value of the property (in the course of the state cadastral assessment or in the implementation of cadastral registration of the property or the cadastral account of changes of object of real estate) in the fgbu branch "FKP rosreestra" in the subject of the Russian Federation.
The results of determination of cadastral cost can be challenged by legal entities if the results of determining the cadastral value affect the rights and obligations of such persons and bodies of state power, bodies of local self-government in respect of the property, being in state or municipal ownership, in court on the grounds of the unreliability of information about the property used to determine its cadastral value or in respect of the property its market value on the date, as you installed its cadastral value, only in case of rejection by the Commission of the application for revision of cadastral cost submitted on the appropriate basis, or in the case that the application for revision of cadastral cost not considered by the Commission established by article 24.18 of Federal law of 29.07.1998 № 135-FZ "On valuation activities in the Russian Federation" period.