Monday, November 17, 2014

Tax depreciation on goodwill arising in M&A deals – is it a settled position?

Strategic acquisition of a target by paying more than the company’s book net worth is fairly common in Mergers & Acquisitions (M&A) deals. The amount of the purchase price that exceeds the value of the identified assets acquired is typically referred to as goodwill.

Under the Indian tax laws, as “Goodwill” does not expressly find a mention in the list of intangible assets that qualify for depreciation, a tax payer’s claim of depreciation on goodwill has been a matter of debate with the Income-tax authorities for a considerable time with

decisions on both sides of the spectrum.
The Mumbai Tribunal, in its second innings, has recently dealt with the issue of depreciation claim on goodwill arising on merger in the case of Toyo Engineering India Ltd. The Tribunal following the Apex Court’s decision in the case of Smifs Securities ruled in favour of Toyo and allowed its depreciation claim on goodwill.

1 comment:

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