Institute of Professional Assessment intellectual property objects in our country began to take shape in 1992-1993. and continues to develop today.

The main document of the regulatory framework for valuation activities is currently the federal law Russian Federation “On Valuation Activities” No. 135-FZ dated July 29, 1998

The law consists of four chapters, which contain 26 articles.

The first chapter “General Provisions” includes 8 articles:

Art. 1. Legislation regulating valuation activities in the Russian Federation.

Art. 2. Relations regulated by this federal law.

Art. 3. The concept of appraisal activity.

Art. 4. Subjects of valuation activities.

Art. 5. Objects of assessment.

Art. 6. Law of the Russian Federation, constituent entities of the Russian Federation or municipalities, individuals and legal entities for the education and assessment of the assessment objects belonging to them.

Art. 7. Establishment Assumption market value objects of assessment.

Art. 8. Mandatory assessment of the objects being assessed.

The second chapter “Grounds for carrying out assessment activities and conditions for its implementation” presents the following articles:

Art. 9. Grounds for assessing the subject of assessment.

Art. 10. Mandatory requirements to contracts.

Art. eleven. General requirements to the contents of the assessment report of the subject of assessment.

Art. 12. The reliability of the report as a document containing information of evidentiary value.

Art. 13. Contestability of the information contained in the report.

Art. 14. Rights of the appraiser.

Art. 15. Responsibilities of the appraiser.

Art. 16. Independence of the appraiser.

Art. 16.1. Responsibility of the appraiser.

Art. 17. Civil liability insurance for appraisers.

The third chapter “Regulation of valuation activities” contains the following articles:

Art. 18. Control over the implementation of valuation activities in the Russian Federation.

Art. 19. Functions of authorized bodies.

Art. 20. Evaluation standards.

Art. 21. Professional training of appraisers.

Art. 22. Self-regulatory organizations.

Art. 23. Licensing of valuation activities.

Art. 24. Requirements for carrying out appraisal activities.

The fourth chapter “Final Provisions” contains the following articles:

Art. 25. Entry into force of this federal law.

Art. 26. Bringing regulatory legal acts into compliance with this federal law.

Under appraisal activities refers to the activities of subjects of valuation activities aimed at establishing market or other value in relation to objects of valuation.

Subjects Valuation activities are carried out only by individuals, i.e., specialist appraisers who are members of one of the self-regulatory organizations (registered in the state register) and who have insured their professional liability for an amount of at least 30 million rubles.

A self-regulatory organization of appraisers (SROO) is recognized as a non-profit organization created for the purpose of regulating and monitoring appraisal activities, included in the unified state register self-regulatory organizations appraisers and uniting appraisers on membership terms (at least 300 individuals). SROOs are designed to protect the interests of appraisers; help improve the level of professional training of appraisers; promote the development of educational programs for the professional training of appraisers; develop your own assessment standards and quality control systems for assessment activities. In this case, SROOs bear joint responsibility for appraisers.

Currently, there are several thousand professional appraisers in Russia.

Objects the valuations listed in the law are usually classified as follows: movable and immovable objects, intellectual property objects, enterprise (business) as an object of assessment. The valuation object is presented on the open market through a public offer, typical for similar valuation objects. Each of the listed groups has both general principles, approaches and methods of assessment, as well as their own characteristics, depending on economic characteristics objects of assessment.

Valuation of intellectual property. An important area not only of assessment, but also economic development The Russian Federation is the inclusion of the results of intellectual activity in economic circulation. This task requires finding comprehensive solution, including ensuring legal confirmation of rights, determining the procedure for their accounting, depreciation and valuation. Valuation of intellectual property and legal registration of rights to intellectual property are complementary. For a full assessment of intellectual property, it is necessary to develop standards and other regulatory and methodological documents for the assessment of this type of asset in the near future. The assessment and formation of a market for intellectual property rights is a powerful reserve for preserving the country’s scientific and technical potential.

Currently, in practice the following restrictions apply to the implementation of valuation activities:

1. An appraisal of an object cannot be carried out by an appraiser if he is a founder, owner, shareholder, creditor, insurer or official a legal entity, or a person who has a property interest in the object of assessment, or is closely related or related to these persons.

2. Interference by the customer or other interested parties in the activities of the appraiser is not allowed if this may negatively affect the reliability of the assessment results.

The law requires that the appraiser's remuneration be independent of the valuation he receives. The size of the appraiser's payment (remuneration) cannot depend on the value of the appraised object, i.e., cannot be set as a percentage of the value of the appraised object.

The main stages of the assessment procedure are presented in Fig. 3.3.

The basis for the assessment is an agreement between the appraiser and the customer, which is subject to the general norms of the Civil Code of the Russian Federation.

As a rule, the contract contains:

An accurate description of the object indicating its type;

Type of value determined;

Information about whether the appraiser has the appropriate license;

Information that the appraiser is a proper professional appraiser (if the contract is concluded by a professional appraiser);

The amount of the appraiser's remuneration in monetary terms.

When carrying out his activities, the appraiser has the right to:

Select methods for assessing the object of intangible assets and IP in accordance with the standards and rules for assessment;

Require the customer to provide access to the assessment object and provide the necessary documentation;

Request in writing from third parties, including authorities, information necessary for the assessment, with the exception of information related to state or commercial secrets;

Involve, on a contractual basis, other specialists and appraisers for participation in the assessment of the object, for whose actions (inaction) he is responsible;

Refuse to evaluate the property if the customer has violated the terms of the contract.

The appraiser is obliged:

Comply with the requirements of the legislation of the Russian Federation and the ethical principles of real estate valuation;

Ensure the safety of documents received from the customer and third parties during the assessment, and return the documents received from the customer to the customer simultaneously with the delivery of the assessment report to him;

Inform the customer about the impossibility of participating in the assessment of the object in cases where provided for by law RF, as well as when circumstances arise that prevent an objective assessment;

Provide, at the request of the customer, a document on education confirming the receipt of professional knowledge in the field of valuation activities;

Provide the customer with information about the regulations, rules, charter, code of ethics authorized body self-regulatory organization, the validity of accreditation or membership in which he refers to in his report, as well as provide, at the request of the customer, other information about the legal requirements for valuation activities;

Familiarize the customer with the license to carry out valuation activities;

During the period specified in the contract, do not disclose confidential information received from the customer during the assessment of the intangible asset and IP, except in cases provided for legislative acts;

Store copies of completed reports on the assessment of intangible assets and IP for 3 years;

In cases provided for by the legislative acts of the Russian Federation, provide the information contained in the assessment report stored by him to law enforcement, judicial, and other specially authorized government bodies upon their official legal request.

The requirements for carrying out appraisal activities are:

Compliance with the legislation of the Russian Federation on valuation activities;

State registration as individual entrepreneur or legal entity;

For an individual, it is necessary to have a document on education confirming the receipt of professional knowledge in the field of appraisal activities in accordance with the body authorized by the Government of the Russian Federation for monitoring the implementation of appraisal activities by professional educational programs higher vocational education, additional professional education or professional retraining programs for workers;

The presence on the staff of a legal entity of at least one employee for whom this legal entity is the main place of work and who has an education document confirming the receipt of professional knowledge in the field of appraisal activities in accordance with those agreed with the body authorized by the Government of the Russian Federation for monitoring the implementation of appraisal activities professional educational programs of higher professional education, additional professional education or professional retraining programs for workers.

The development of the assessment institute in Russia is taking place in the direction of creating a unified centralized system. The basis of such a system can be a single methodological space, the principle of which is laid down in the concept of development of assessment activities in the Russian Federation. The specified space assumes:

a) creation of a system of federal standards in the field of assessment. Currently, the “Unified Property Valuation System” operates on the territory of the Russian Federation. Terms and Definitions. State Standard of the Russian Federation" GOST R5P95.0.02-98, the purpose of which is to form an organizational and methodological basis for ensuring the quality of services for the assessment of real estate to most fully satisfy the interests of the state and consumers. In addition, the Government Decree of July 6, 2001 approved standards mandatory for subjects of valuation activities;

b) unification of requirements for the content of educational programs and other areas of training for appraisers. There are currently 3 levels of appraiser qualifications:

c) creating conditions for unifying the requirements for licensing services in the field of assessment;

d) development of unified requirements for information support activities of appraisers.

When choosing an appraiser, it is recommended to be guided by: the following criteria: membership of the appraiser in self-regulatory organizations of appraisers, availability of an education document confirming receipt of professional knowledge, professional experience, availability of a professional (civil) liability insurance policy.

When choosing an appraisal firm, you should collect information about its experience in the appraisal market (the number of reports completed, the complexity of the objects being appraised), find out whether the firm’s employees or the firm itself are members of a professional organization, and whether the firm has a professional (civil) liability insurance policy.

Valuation activities provide an information basis for making economic and management decisions, contribute to the structural restructuring of the economy, the formation of a competitive market environment, and the activation of investment processes.

Valuation activities are an integral part of the market financial services and is closely interconnected with accounting, taxation, statistical accounting, and therefore an important issue in the development of valuation activities is both the unification of the conceptual apparatus and technology of valuation activities with the conceptual apparatus and terminology of primary tax accounting, and the interaction of appraisers, auditors, and financial consultants.

The purpose of the assessment and its further use must be clearly formulated, since the standard of assessment, the volume and structure of the information necessary for the assessment, and the possible recommendations of the appraiser depend on this.

Like any system, the system of control and regulation of valuation activities has a multi-level nature:

- 1st level. Civil and criminal legislation, i.e. legislation of general application that applies to all citizens of the Russian Federation;

- 2nd level. Legislation regulating the issues of real estate valuation consists of the Federal Law “On Valuation Activities in the Russian Federation”, federal laws and other regulatory legal acts of the Russian Federation applied in accordance with them, laws and other regulatory legal acts of constituent entities of the Russian Federation, as well as international treaties of the Russian Federation ;

- 3rd level. By-laws of federal and local significance, the requirements of which are mandatory in the implementation of valuation activities;

- 4th level. Documents of professional public organizations of appraisers, used as mandatory only for members of these organizations;

- Level 5. Personal moral and professional standards of behavior for a particular appraiser, but not mandatory for others.

The higher the level, the wider the circle of persons covered by the above regulation.

In accordance with the Law “On Valuation Activities in the Russian Federation,” control over the implementation of valuation activities in the Russian Federation is carried out by bodies authorized by the Government of the Russian Federation and the constituent entities of the Russian Federation (hereinafter referred to as the authorized bodies), within the framework of their competence established in accordance with the legislation of the Russian Federation.

The functions of the authorized federal bodies exercising supervision over the activities of the SROO are:

Output public policy in the field of valuation activities;

Legal regulation in the field of valuation activities, approval federal standards assessments;

Approval, in the manner established by the Government of the Russian Federation, of educational programs of higher professional education, additional professional education or professional retraining programs for specialists in the field of valuation activities;

Maintaining a single state register SROO;

Supervising the implementation of the SROO requirements of Federal Law No. 157 of June 27, 2006;

Appeal to the court with an application to exclude the SROO from the unified state register of self-regulatory organizations of appraisers.

Supervision over the activities of the SROO is carried out through planned and unscheduled inspections authorized federal body.

A scheduled inspection of the activities of the SROO is carried out once every two years in accordance with the plan approved by the authorized federal body. The decision to conduct an unscheduled inspection of the activities of the SROO is made by the authorized federal body on the basis of statements from legal entities or individuals, federal government bodies, state authorities of the constituent entities of the Russian Federation, local governments, law enforcement agencies about violations of the SROO or its members of federal laws and other regulatory legal acts Russian Federation.

During the inspection of the activities of the SROO, the authorized federal body has the right to request from a specialized depository that has entered into a depository agreement with the SROO, information about the monetary value of its compensation fund.

The authorized federal body shall report its decision made on the basis of the materials of the inspection in writing no later than three days from the date of adoption of such a decision. If a violation of the requirements is detected, the authorized federal body exercising the functions of supervising the activities of the SROO applies to the arbitration court with an application to exclude the SROO from the Unified State Register of SROO. If other violations are identified, the authorized federal body sends an order to the SROO to eliminate the identified violations within a reasonable time.

An order from an authorized federal body to eliminate identified violations may be appealed by the SROO to an arbitration court.

In case of failure to comply with fixed time instructions to eliminate the identified violations, the authorized federal body applies to the arbitration court with an application to exclude the SROO from the unified state register of SROO.

A self-regulatory organization of appraisers, which has revealed its non-compliance with the requirements of part three of Art. 22 Federal Law of July 27, 2006 No. 157, has the right to send to the authorized federal body of appraisers in writing a statement about the identified discrepancy with its description, indicating information about the date of its occurrence and about the measures taken and/or planned by the SROO to eliminate it.

Within two months after the authorized federal body receives a statement of identified non-compliance, the SROO cannot be excluded from the Unified State Register of Self-Regulatory Organizations of Appraisers on the basis specified in the statement. If, after the expiration of the specified period, the SROO does not submit to the authorized federal body evidence of elimination of the identified discrepancy, the authorized federal body applies to the arbitration court with an application to exclude the SROO from the Unified State Register of Self-Regulatory Organizations of Appraisers.

SROO is considered excluded from the Unified State Register of Self-Regulatory Organizations of Appraisers from the date of entry into force of the decision arbitration court about its exclusion from the specified register.

Appraisers who were members of an SROO excluded from the Unified State Register of Self-Regulatory Organizations of Appraisers have the right to join other self-regulatory organizations of appraisers.

Within three months from the date of exclusion of the SROO from the unified state register of self-regulatory organizations of appraisers, appraisers who were its members and did not join other SROOs have the right to carry out appraisal activities only under contracts concluded before the date of exclusion of the SROO from the unified state register of self-regulatory organizations of appraisers.

In order to ensure public interests, the formation of unified approaches to the implementation of valuation activities, the development of a unified position of appraisers on the issues of regulating their activities, coordinating the activities of SROOs, as well as for the purpose of interaction of SROOs with federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies and consumers of services in the field of appraisal activities, self-regulatory organizations of appraisers form the National Council.

The National Council recognizes a non-profit organization created by self-regulatory organizations of appraisers, registered by the authorized federal body exercising functions of supervision over the activities of the SROO, whose members are more than fifty percent of self-regulatory organizations of appraisers, uniting more than fifty percent of all appraisers.

Currently, each of the countries that are members of the IVSC (International Valuation Standards Committee) and TEGoVa (European Group of Valuers' Associations) has national regimes for regulating valuation activities. At the same time, the regulation of valuation activities in the USA differs, for example, from the regulation of valuation in the UK or Germany.

A new edition of the International Valuation Standards has been published - IAS 2007. The International Standards Committee has been developing this version for two and a half years. The text of the MCO has been edited and updated. The sections “Valuation bases other than market value” and “Valuation for lending purposes” have been rewritten. The “Valuation of Public Sector Assets for Financial Reporting” will be applied in a new way, and guidance on estimating the value of historical property will be included in the standards. Much attention is paid to the compatibility of MCO with International Financial Reporting Standards.

The standard setters believe that the demand for valuations prepared in accordance with IVS is driven by the globalization of markets and the need of clients to “have consistent and comparable measurement of assets wherever they may be.”

The main feature allowing us to draw a conclusion about compliance national system estimates international requirements, are the compliance of the national system of assessment standards with international assessment standards.

The main directions for ensuring compliance of assessment works of the Russian Federation with international requirements are: as much as possible possible use international assessment standards in the development of domestic standards, the participation of Russian branches of international audit and appraisal companies in the work of Russian self-regulatory organizations of appraisers, implementation of joint appraisal work (including consortia of appraisers).

A condition for the development of assessment activities is the appropriate infrastructure. First of all, this is personnel training and organization scientific research in the field of valuation activities.

Principles for certification of specialists in the field of valuation activities. Professional training of appraisers is carried out by higher public or private specialized educational institutions or faculties (departments, departments) of higher public or private educational institutions who have the right to carry out such training in accordance with the legislation of the Russian Federation.

Certification of cost estimators is designed to ensure control of knowledge, responsibility of a specialist for the results of his work, control of the quality of training of specialists by educational institutions.

Diplomas are issued for the assessment of enterprises (businesses), and their owner can perform all types of assessment activities.

The diploma gives the holder the right to sign the assessment report.

Certification of appraiser services is a mechanism for monitoring compliance with standards, regulations and rules of valuation activities, a mechanism for protecting consumer rights.

Availability of a certificate of conformity, etc. equal conditions may be a decisive condition in the competitive selection of appraisers conducted by government bodies.

Valuation activities must be carried out in strict accordance with those approved by the Government of the Russian Federation United assessment standards system; ESSO is created in accordance with the economic conditions of developing market relations and the structure of public administration in the Russian Federation on the basis of the legislation of the Russian Federation and standards accepted in international practice.

As an integral part of the legal regulation of valuation activities, the ECSO must ensure:

Regulatory consolidation of the unity of methodological approaches when performing work to evaluate an object;

Clear requirements for the most important components of the assessment process, as well as its results;

Unification of requirements for the composition and forms of presentation of documents reflecting the results of the assessment;

Reproducibility of assessment results, stability of quality indicators of assessment services;

Determining the scope of technical and economic information used in the assessment;

Creating conditions for effective control over the quality of appraisal services.

ECSO includes the following basic standards: Organizational and methodological provisions; Real estate valuation; Valuation of machinery, equipment and Vehicle; Valuation of intellectual property; Estimation of the value of an enterprise (business); Documentation requirements.

Evaluation Standards- regulatory requirements for the performance of work by an assessment expert. The purposes for which an assessment is required may be:

1) an upcoming transaction for the sale or purchase of the property being valued.

2) division of property between owners of organizations;

3) separation from large company small viable organization;

4) the planned takeover of one organization by another;

5) reorganization of the organization;

6) liquidation of the organization;

7) taxation;

8) non-monetary contributions to other companies.

The system of standards protects the interests and rights of consumers when interacting with appraisers, on the one hand, and ensures the protection of appraisers from unfounded claims, on the other.

For this purpose, an examination of the assessment report is carried out.

Examination of the assessment report- a set of measures to verify compliance by the appraiser, when assessing an object, with the requirements of the legislation of the Russian Federation on appraisal activities and the appraisal agreement, as well as the sufficiency and reliability of the information used, the validity of the assumptions made by the appraiser, the use or refusal to use approaches to assessment.

Types of examinations. Within normative and methodological examination Compliance with the requirements established by regulatory documents is checked:

Federal Law No. 135-FZ of July 29, 1998 “On valuation activities in the Russian Federation”;

Valuation standards mandatory for use by subjects of valuation activities, approved by Decree of the Government of the Russian Federation of July 6, 2001 No. 519;

Valuation standards, compliance with which is stated in the Valuation Report;

Other regulatory documents stated in the Assessment Report, taking into account the established goals and objectives of the assessment, as well as the specifics of the assessment object.

Assessment of validity, sufficiency and completeness:

Selection of approaches and methods of assessment;

Analysis of the object of assessment;

Analysis of the market environment of the valuation object;

Conclusions, agreements (generalizations) of results and conclusions.

The regulatory and methodological basis for conducting the examination is to establish the availability of all general mandatory data specified in regulatory documents, as well as the presence of mandatory elements of the assessment report in accordance with the mandatory and stated Assessment Standards.

Compliance with contract requirements;

Sufficiency and reliability of information: sufficiency - the volume of data provided in the report is sufficient for full identification object of assessment and for calculating the cost; reliability - the presence of a link to the source of information or one’s own calculation;

Analysis of the acceptability of the assumptions made for compliance with the purpose of the assessment, the type and specifics of the assessment object, and the calculations performed;

Checking the validity of refusal to use approaches and how typical this refusal is for this case(such as the object of assessment, the purpose of assessment, etc.).

Computational expertise includes: checking compliance with the requirements established by legislative documents; assessment of the relevance, validity, completeness, acceptability of the analysis carried out and methodological foundations cost calculation; checking the calculations carried out based on the correctness, accuracy, sufficiency and validity of the initial data, the presence of errors and alternative calculations.

Computational expertise is limited to the data presented in the Report and determines the reliability of the results obtained only within the framework of the data presented in the Report.

Comprehensive examination- this is a check of compliance with the requirements established by legislative documents; assessment of the relevance, validity, completeness, acceptability of the analysis and methodological basis for calculating cost; checking the correctness and accuracy of calculations; checking the reliability of the result based on the use of alternative sources of information and additional data necessary to obtain correct and reasonable results, as well as visiting and collecting documents on the object of assessment.

If the result of the normative and methodological examination is negative, there is no need to conduct a computational examination.

When identifying shortcomings, shortcomings and errors in the Report, it is necessary to analyze the degree of their influence on the final result of the assessment.

Examination criteria:

Correctness;

Consistency;

Validity;

Completeness.

Based on the results of the examination, an expert opinion is drawn up regarding the compliance of the Report submitted for examination with the requirements of the assessment agreement.

The examination of assessment reports is carried out by professional associations of appraisers that meet the requirements:

The presence as its members of at least 250 appraisers or at least 50 appraisers;

The presence in the organization of a special body for the examination of assessment reports, operating on an ongoing basis;

Availability of experts in the organization who meet the requirements of these Regulations;

Availability internal documents, establishing the procedure for conducting the examination of assessment reports, ensuring the transparency and independence of the examination;

Based on the Code of Conduct issued by the Committee on International Valuation Standards, taking into account the Code of Ethical Practice of the European Group of Appraiser Associations, the Code of Ethics of the Uniform Standards of Professional Valuation Practice of the USA and the Code of Professional Ethics of Appraisal Companies of the Russian Federation, it has been developed National Code of Ethics for Appraisers of the Russian Federation(hereinafter referred to as the Code).

The purpose of the Code is to ensure public confidence in the honesty, openness and professionalism of appraisers, to consolidate the efforts of all conscientious appraisers and appraiser specialists to ensure high quality in the organization and implementation of appraisal activities in the Russian Federation.

The Code establishes ethical standards for the activities of appraisers (legal entities and entrepreneurs without forming a legal entity).

Codes of ethics of self-regulatory organizations can complement and develop the provisions of the Code without conflicting with it.

They take an active part in the formation and development of appraisal activities in the Russian Federation self-regulatory organizations of appraisers. In addition to state regulation, the law provides for self-regulation of the activities of appraisers. Abroad, self-regulatory organizations of appraisers play an important role in regulating appraisal activities.

An example is a self-regulatory non-profit organization.

Non-profit “Partnership for promoting the activities of firms accredited by Russian society Appraisers" was established by professional participants in appraisal activities accredited by the public organization "ROO". The Partnership operates on the principles of equality of its members, self-government, legality and transparency.

Goals of the “partnership”:

Providing favorable conditions for the professional activities of participants in assessment activities;

Monitoring compliance with professional ethics standards;

Establishment of rules and standards for the assessment of various types of objects of civil rights, ensuring effective assessment activities in the Russian Federation;

Protection of the professional interests of its members;

Cooperation with public organization"ROO";

Assisting government bodies of the Russian Federation in developing a balanced state policy in the field of valuation activities in the Russian Federation, taking into account the interests of professional participants.

As self-regulatory organizations develop, the state will:

Delegate to them the procedure for certification and revocation of certificates from specialists in the field of assessment activities;

Make certain rules (standards) for the assessment of self-regulatory organizations mandatory after their approval by the Interdepartmental Council on the Regulation of Appraisal Activities in the Russian Federation;

To promote in every possible way the development of voluntary certification of appraiser services. Important To improve assessment procedures and improve the quality of services, self-regulatory organizations must adopt and implement the rules of business and professional ethics by their members.

To ensure mutual trust of members of self-regulatory organizations, as well as the trust of customers (legal entities and individuals), government bodies and structures subordinate to them, these organizations are developing and enacting a Code of Professional Ethics for Appraisers. For example, the Code of the National League of Subjects of Valuation Activities (NLSD) contains criteria that allow one to make a decision on recognizing the professional actions of appraisers - members of the NLSOD in the field of assessments as ethical or unethical.

Recognition of the appraiser's actions as unethical is carried out in the manner prescribed by the charter of the NLSOD and the Regulations on the Commission on Membership and Ethical Standards, and is not the basis for civil consequences, but is the basis for the application of disciplinary sanctions to members of the NLSOD in accordance with the Regulations on disciplinary sanctions.

Similar codes of professional ethics are adopted in other self-regulatory organizations of appraisers. For example, in the St. Petersburg Society of Appraisers, the main provisions consist of the following points: independence, professionalism, confidentiality and principles of fair competition. The Code is used to recognize an appraiser's actions as unethical or to protect the appraiser's business reputation. If, as a result of the investigation, it is determined that the actions of the appraiser do not contradict established standards, he has the right to the joint support of his colleagues and SPbOO. If the appraiser has committed violations, he may be required to apologize to the victims, publicly condemn him, or petition for exclusion from SPbOO.

Mandatory assessment. Art. 8 of the Federal Law “On Valuation Activities in the Russian Federation” establishes the following conditions for conducting a mandatory valuation:

A) determination of the value of valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, for the purpose of their privatization, transfer to trust management or transfer for rent;

b) use of valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, as a collateral;

c) upon the sale or other alienation of valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities.

d) upon assignment of debt obligations associated with valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities;

e) when transferring valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, as a contribution to the authorized capitals, funds of legal entities;

f) if a dispute arises about the value of the valuation object, including:

1) when nationalizing property,

2) when mortgage lending individuals and legal entities in cases of disputes regarding the value of the subject of mortgage,

3) when drawing up marriage contracts and dividing the property of divorcing spouses at the request of one of the parties or both parties in the event of a dispute about the value of this property,

4) upon redemption or other seizure of property from owners for state or municipal needs provided for by the legislation of the Russian Federation,

5) when assessing objects of assessment in order to monitor the correctness of payment of taxes in the event of a dispute regarding the calculation of the taxable base.

Effect of Art. 8 of the Law does not apply to relations arising during the disposal of state and municipal unitary enterprises and institutions with property assigned to them under the right of economic management or operational management, with the exception of cases where the disposal of property in accordance with Russian legislation is permitted with the consent of the owner of this property. Legislation requires monetary value also in cases:

When the nominal value of the rights or property as the founder’s contribution to the authorized capital of an organization established as a limited liability company is more than two hundred minimum sizes wages established by federal law on the date of submission of documents for state registration, in accordance with clause 2 of Art. 15 Federal Law of February 8, 1998 No. 14 - Federal Law “On companies with limited liability" If the nominal value of the rights or property contributed in payment for shares and other securities of the organization. It amounts to more than two hundred minimum wages, according to clause 3 of Art. 34 of the Federal Law of December 26, 1995 No. 208 - Federal Law “On Joint Stock Companies”;

Free receipt of objects that are accounted for in the organization’s accounts, assessed at market value as of the date of capitalization, in accordance with paragraph. 1.2,4 clause 23 of the accounting regulations and financial statements in the Russian Federation, approved by order of the Ministry of Finance of Russia dated July 29, 1998. No. 34. In accordance with clause 10.3 of the Accounting Regulations “Income of the Organization” PBU 9/99, approved by order of the Ministry of Finance of Russia dated May 6, 1999. No. 32n, assets received free of charge are accepted for accounting at market value, the market value of assets received free of charge is determined by the organization on the basis of prices in effect on the date of their acceptance for accounting for this or a similar type of asset, data on prices in effect on the date of acceptance for accounting accounting, must be confirmed by documents or by examination.

Exchange when making barter transactions, which follows from paragraph 6. Decree of the President of the Russian Federation of August 18, 1996. No. 1209 “On state regulation of foreign trade barter transactions.”

Bases of assessment. Exchange value suggests the likely sale price, provided that the terms of the exchange of the property are known to both parties and the transaction is mutually beneficial. The most common form of this value is reasonable (fair) market value (fairmarketvalue). It is the most probable price, expressed in monetary terms, at which, on the day of valuation, the property could pass from the hands of a willing seller to the hands of a willing buyer as a result of a commercial transaction in the open. competitive market provided that both parties act competently, prudently and without coercion.

When forming market value, the following must be taken into account:

a) there is no special relationship between the parties (for example, parent and subsidiary companies) and they act independently, each in its own interests, without collusion or fraud;

b) the duration of the exposure (marketing period) in any case must be sufficient for the property to attract the attention of an adequate number of buyers;

c) market value is understood as the value of property calculated without taking into account trading costs and any associated taxes. The market value standard is calculated whenever the appraisal is ordered by the seller.

This cost is calculated, as a rule, based on the data provided by the customer of the assessment, without checking their compliance with the level of supply and demand in the market.

Liquidation value- the cost of an intellectual property item in case of forced sale or bankruptcy. The liquidation value is determined by the bankruptcy trustee during the inventory and assessment of all property of the debtor organization. To carry out the assessment, the bankruptcy trustee has the right to involve appraisers and other specialists with payment for their services at the expense of the debtor’s property, unless otherwise established by the meeting of creditors or the committee of creditors.

Replacement cost is defined as the lowest cost of an equivalent intellectual property item. This cost is calculated based on the estimated costs of creating or acquiring a similar object of intellectual property, taking into account the wear and tear of the valued object.

Investment value of the valuation object- the value of the valuation object, determined on the basis of its profitability for a specific person for given investment purposes.

The investment value of the valuation object is determined in accordance with:

With the plans and forecasts of the patent holder, and not in current use (not in the context of determining the value of an “operating organization” and not as part of an “enterprise as a property complex”);

With the investment expectations of the patent holder and potential participants (investors) about the use of the object being evaluated.

Forecasts of income and expenses (cash flows from the use of the object of evaluation) are based on the plans of the patent holder, potential participants (investors) and market forecasts, i.e. based on the planned profitability for given investment goals. And this, in turn, according to the Assessment Standards approved by the Government of the Russian Federation, corresponds to the term “ investment cost object of assessment."

The main indicators determining the value of intellectual property objects are:

Reliability of legal protection of the relevant object;

Possibility of free use of the evaluated object on the market without violating the rights of third parties (an indicator of the patent purity of the object);

Technical and economic significance of the object of legal protection;

Costs of the owner of exclusive rights to create (develop) an object of legal protection;

Costs of the owner of exclusive rights to patent (register) an object of industrial property, including duties, fees and other expenses for maintaining protection documents in force, as well as payment for the services of a patent attorney or representative;

Costs of organizing the use of an industrial property object, including costs of its marketing;

Costs of insuring risks associated with industrial property;

The validity period of the title of protection (patent, certificate) at the time of assessing its value or the validity period of the license agreement;

Costs of the owner of exclusive rights to resolve legal conflicts on the subject of industrial property being assessed, including through judicial or voluntary procedures (for the acquisition of rights of third parties);

Expected receipts of license payments for this object of industrial property (subject to fixation of the volume of license payments);

Expected receipts in the form of compensation (penalty) payments (payments), subject to confirmation of the fact(s) of violation of the exclusive rights of the owner of an industrial property object;

Term beneficial use the object being assessed;

Factor of obsolescence of the assessed object;

Average royalty rates for this type of objects of legal protection;

Industrial (production) readiness of the assessed object;

Expenses associated with the need to pay taxes and fees.

Grounds for bonification(regardless of the validity period of the security document at the time of its assessment) the following criteria can serve:

Competitiveness of the object;

Economic efficiency of using the facility;

The scope and reliability of legal protection of the object;

The degree of novelty of the object and other factors.

Reasons for discount may serve as risk factors associated with low reliability of initial technical and economic indicators, caused by instrumental errors in predicting indicators of the efficiency of use of the assessed object, low reliability of legal protection of this object and other subjective and opportunistic factors.

All of the above intangible assets represent bundles of rights to use certain objects of property. The difference between one intangible asset and another is determined by the structure of ownership rights to the intangible asset and the essential characteristics of the property. The structure of intellectual property rights is determined by legal acts. In other words, part intangible assets is the right to use objects of embodied (tangible) property (intellectual property objects, natural resources....), and part is not materialized (intangible), or intellectual property (copyrights, patents....).

Possession of property rights to intangible assets and IP entails the need to record and evaluate this property, ensure its safety and effective use. Accounting for intellectual property in intangible assets is based on:

Documents confirming the rights of the copyright holder and reflecting the essence of transactions and business operations;

Documents reflecting the fact of entry into assets or disposal of relevant rights (accounting objects) from assets;

Relevant payment documents and documents confirming payments and other expenses.

Documents confirming the rights of the copyright holder organization and reflecting the essence of transactions and business transactions with intellectual property are:

Security documents;

Attached to the agreements are originals or copies of documents issued by public organizations on registration of copyright and related rights;

Agreements on assignment of rights;

License agreements;

Know-how agreements;

Agreements on the creation of an intellectual property object;

Constituent documents (in combination with agreements on the assignment of rights, licensing agreements or agreements on know-how).

Documents reflecting the fact of receipt of assets or disposal of corresponding rights from the assets of the organization include:

Certificate of acceptance (arrival);

Valuation report;

Act of disposal;

Write-off act.

As for settlement and payment documents, which include invoices, invoices, payment orders and other documents, it seems inappropriate to disclose their content in this work, since they are the same as documents intended for transactions with tangible assets (products, fixed assets, materials and equipment).

When registering intellectual property, a number of features should be taken into account:

a) intellectual property is not transferred under a gift agreement, a purchase and sale agreement and an exchange agreement, therefore these types of agreements are not grounds for accounting for intellectual property in the organization’s intangible assets;

b) agreements related to the transfer of intellectual property (agreement on the assignment of rights, a license agreement, an agreement on know-how, an agreement on the creation of an object of intellectual property) may contain a condition of gratuitous transfer of rights or a condition of non-monetary payment ( securities, goods, etc.);

c) agreements on the transfer of rights to certain types of intellectual property are subject to mandatory registration by an authorized state body, without which such agreements are invalid;

d) for copyright and related rights, at the request of authors and other rights holders, a certificate may be issued as a document on registration of rights or an object of copyright. However, such a document for the organization-right holder cannot serve as an independent basis for adding rights to the assets of the organization. The main documents for such purposes are the corresponding agreement on the assignment of rights, a license agreement, an agreement on the creation of an intellectual property object. Only on the basis of these agreements does the organization assume the corresponding rights transferred to it by the author or his successor. For the author of a work, a certificate of registration of rights issued by a public organization can serve as additional confirmation of the validity of his powers transferred to the organization to one extent or another. The original or a certified copy of such a document may be attached to the relevant agreement.

It is very important to pay attention to the territory of validity of the security document or agreement. If the title of protection and the assignment agreement are valid throughout the country, then the boundaries of the license agreement and the know-how agreement can be limited not only by the borders of the country, but also by the borders of the republic, region, territory and other territorial entities. A security document can be issued not only by the Russian patent office, but also by the offices of other countries. The difference between such documents lies in the territory of which state, upon payment of duties, the document of protection will be valid and, accordingly, which national state will regulate the protection of exclusive rights.

Parties to agreements can be both Russian residents and residents of other countries.

The rules for accounting for intangible assets are covered in detail in accounting literature and periodicals devoted to accounting. Valuation of intellectual property is an undeveloped area of ​​financial economic activity organizations.

The specific structure of intellectual property rights allows for the widespread use of intellectual property in the financial and economic activities of an organization:

reduce income tax. When calculating income tax, taxable profit for actual costs and expenses incurred at the expense of profits remaining at the disposal of the organization is reduced by amounts used for financing capital investments industrial purposes.

adjust volume depreciation charges and create funds for the acquisition of new intellectual property. In accordance with clause 56 of the Regulations, depreciation charges are calculated monthly according to the standards established by the organization itself based on the initial cost of intellectual property objects and their useful life (but not exceeding the life of the organization). If this period cannot be determined, from 01/01/2000. this period is 20 years. At the end of the useful life of intangible assets, depreciation on them ceases. Amortization of intangible assets is carried out regardless of the results of the organization’s economic activities in the reporting period in accordance with paragraph 3 of clause 1 of Art. 11 Federal Law “On Accounting”. Until 01/01/2000 no depreciation was accrued on intangible assets received under donation and other agreements free receipt. From 01/01/2000 Depreciation on these objects is accrued in all organizations except non-profit organizations. The cost of some types of intangible assets is repaid without depreciation. Some intangible assets may not be redeemed. These are assets whose value does not decrease over time, or assets whose value brings constant profit - trademarks, know-how and some others.

Increase the market value of the organization. In accordance with the order of the Ministry of Finance dated March 24. 2000 No. 31n “On amendments to regulatory legal acts in accounting" the difference between purchase and estimated value The organization's assets are written off monthly for 20 years (but not more than the life of the organization), and the organization's positive business reputation (goodwill) is reflected by reducing its initial cost. An organization's negative business reputation is evenly written off on its financial results as operating income.

Determine the size of the share when investing in authorized capital in the form of intellectual property objects. When making a contribution to the authorized capital instead of Money property, its types and value are determined in the constituent documents. If the value of each type of property exceeds 200 minimum wages established by the state, the participant is obliged to evaluate it with the involvement of an independent appraiser.

Optimize asset ratio.

Determine the amount of damage or the amount of compensation for the illegal use of intellectual property owned by the enterprise. Economic damage from violation of rights on intellectual property objects can consist of two parts:

1) direct damage in the form of revenue received by the offender during the commercial sale of products, products, services containing intellectual property;

2) indirect damage associated with harm to the “scientific and technical reputation” of the injured organization-patent holder, expressed in the fact that the infringer seizes the initiative from it by entering the market with new products.

Take into account the cost of intellectual property during reorganization, liquidation or bankruptcy companies.

Determine the value of intellectual property objects when buying and selling them.

The following methods are used to evaluate intangible assets and intellectual property (Fig. 3.4.).

Figure 3.4. Methods for determining the market value of intangible assets

1. Method for determining the value of intangible assets through the valuation of the costs of their creation.

Technology of use.

Firstly, it is determined full price replacement (or restoration) of an intangible asset.

Secondly, the coefficient is determined (K mor. nma), which takes into account the obsolescence of the intangible asset.

To sea nma = 1 – Td / Tn, (3.1)

Тд – validity period of the security document

Тн – nominal validity period of the security document.

Thirdly, the residual value (Vres.nma) of the intangible asset is calculated taking into account the coefficient of technical and economic significance (Kt).

K eq – coefficient reflecting general economic processes in i-th year(taken into account based on analysis of price dynamics);

K t - coefficient of technical and economic significance.

For specific types of inventions, specialists from the Engineering Academy of the Russian Federation proposed the value of the Kt coefficient to be calculated in the range from 1.0 to 5.0, depending on the complexity of the design and the significance of the invention.

An example of using the method of determining the value of intangible assets by estimating the costs of their creation.

Estimate the cost of know-how based on the following initial data:

The company owns the know-how of product production

Production costs without know-how - 6.5 rubles. for a unit

Labor costs are 45% of the cost

300,000 products sold annually

Know-how saves on every product:

1.25 rub. due to the materials used and

40% due to labor costs

The advantage will remain - 6 years

Discount rate - 15%

Material saving

300,000 x 1.25 = 375,000 rubles.

Production cost savings:

Cost without know-how

300,000 x 6.5 = 1,950,000 rubles.

Labor costs

1950000 x 0.45 = 877500 rub.

Labor Cost Saving

877500 x 0.4 = 351000 rub.

Cost benefit

375000+351000 = 726000 rub.

Cost of know-how

726,000 x 3.784 = 2,747,184 rubles.

3.784 - 6 years at a rate of 15% from the table of 6 functions, gr. 5 “current value of the annuity.”

2. Method for determining the value of intangible assets through assessing the gain in cost.

By creating a gain in the cost of manufacturing products, intangible assets contribute to the company's profit. This cost advantage may be due to:

Preferential conditions for the supply of raw materials, fuel, etc.;

Savings work force through the introduction of advanced technology;

Saving time when creating products;

A contract with a valuable employee who, thanks to his qualifications, creates products at lower costs, etc.

Typically, using this method involves:

Finding the amount of gain in cost for a certain period of time;

Capitalize this gain using the present value factor.

An example of determining the value of intangible assets by assessing the gain in cost

Determine the cost of the original technology for assembling the device developed in the company using the following initial data:

250,000 devices are sold per year.

The assembly technology makes it possible to save on each device compared to competitors:

0.25 rub. due to the materials used;

35% labor costs.

This advantage will remain for 6 years

Competitors spend:

4.5 rub. a piece

50% of the cost is labor costs.

Discount rate - 15%

Metal saving

250,000 x 0.25 = 62,500 rubles.

Labor Cost Saving

a) from competitors:

Cost price

250,000 x 4.5 = 1,125,000 rubles.

Labor costs

1125000 x 0.5 = 562500 rub.

b) in the company:

Labor Cost Saving

0.35 x 562500 = 196875 rubles.

Cost benefit

62500 + 196875 = 259375 rubles.

Cost of original technology

259375 x 3.785 = 981734 rubles.

3,784 - 6 years at a rate of 15% from the table of six functions, column 5 “current value of the annuity.”

3. Method for determining the value of intangible assets by comparing analogues.

In valuation practice, this method is used very rarely. However, in an efficient market, it could be applied, and the advantages and disadvantages of the assets and analogues being valued should be taken into account by introducing appropriate adjustments.

4. Method for determining the value of intangible assets through the assessment of excess income (profit) received.

Technology of use.

1. Determine the company’s average annual income for a certain period (usually 5 years).

2. Determine the market value of all the company’s assets for the same period and their average annual value.

3. Determine the industry average profitability (rate of return on investment).

4. Calculate the expected profit (item 3 x item 2).

5. Determine excess income (profit) (item 1 – item 4).

6. Determine the value of an intangible asset (most often goodwill) by dividing the excess income of step 5 by the capitalization ratio.

Example of using the excess income method (RUB)

1. Profit calculation
Fiscal year	Income after tax	Real income adjustment	Present income
Total for 5 years
Average for 5 years
Average income
2. Calculation of the volume of tangible assets
Fiscal year	Amount of assets	Intangible assets (-)	All liabilities	Total assets
Total for 5 years
5 year average
Profit on tangible assets at a rate of 10%				748708x0.1 = 74871
1. Excess income				141560-74871=66689
2. Cost of intangible assets				66689:0,2= 333455
In the denominator, 0.2 or 20% is the rate at which excess income is capitalized

5. Method for determining the value of intangible assets by discounting cash flows.

Technology of use.

1. The period during which the projected income needs to be discounted is determined.

2. Cash flows (profits) from the use of the assessed intangible assets are predicted.

3. The discount rate is determined.

4. The total present value of future income is calculated.

5. The current value of income from the use of tangible assets is calculated.

6. The current value of income from the use of intangible assets is calculated (clause 4 – clause 5).

7. The value of intangible assets is determined by discounting (clause 6) at an acceptable rate of return (clause 3).

In ed. Federal laws dated December 21, 2001 No. 178-FZ, dated March 21, 2002 No. 31-FZ, dated November 14, 2002 No. 143-FZ, dated January 10, 2003 No. 15-FZ, dated February 27, 2003 No. 29-FZ, dated August 22, 2004, No. 122-FZ, as amended by Federal Law dated January 5, 2006, No. 7-FZ.

Article 17 loses force on the date of entry into force of the federal law regulating the conditions and procedure for compulsory insurance of civil liability of an appraiser (Federal Law No. 7-FZ dated January 5, 2006).

Asaul, A.N. Estimation of the value of an enterprise as a property complex / A.N. Asaul, V.N. Starinsky, M.A. Asaul. -SPb.: SPbGASU, 2008.

Previous

In assessing intangible assets you can use three main method: costly, comparative (expert) and profitable.

When using the cost approach intangible assets are assessed as the sum of the costs of their creation, acquisition and implementation.

Comparative approach can be used for those types of intangible assets, transactions for which are often carried out on the market. The initial information for calculating the value of an object is the sales prices of similar objects

According to the income approach the value of an intangible asset is taken at the level of the current value of the benefits that the enterprise has from its use. An example is the method of replacing royalties with a one-time payment. Typically, royalties amount to 5-20% of the additional profits received by the business that purchased the intellectual property. If the intellectual property is the basis of a new product (technology), the royalty can be up to 50%.

In this case, the cost of a license to use the invention is equal to the amount of funds providing annual income in the amount of royalties:

where R is the royalty rate in %; D g – royalty calculation base (annual revenue from sales of products manufactured under license, or annual profit received from sales of relevant products); r – interest rate by deposit,%.

Essentially, a sum of money is determined that, when placed on deposit, will allow you to receive an amount of money equal to the royalty receipts for a specified period.

Another calculation option is to determine the cost of the license based on the discounted royalty flow for the period of validity of the license agreement: 3

S =∑R t D t /(1+r) t

where R t is the royalty rate in year t in %; D t – royalty calculation base in year t (revenue from products manufactured under license, or profit received from the sale of relevant products); T – validity period of the license agreement, years; t – serial number of the year under consideration; r – discount rate at the level of interest on the deposit.

Valuation (determining the value of intangible assets) depends on the method of their acquisition. Intangible assets can be made as a contribution to the authorized capital, purchased for a fee from other organizations, received free of charge, or created at the enterprise itself.

Therefore, the initial assessment of the value of intangible assets can be made by agreement of the parties, taking into account expert assessments, based on acquisition costs, market value, and the amount of development costs of the asset.

Table The procedure for assessing the value of intangible assets

2.2. Amortization of intangible assets

The peculiarity of intangible assets is that they are not subject to physical wear and tear, but obsolescence is typical for them to a high degree. At the same time, some assets over time prices may rise sharply.

Intangible assets taken into account V balance sheet at residual value. The cost of intangible assets is repaid by calculating depreciation over the established period of their useful life. Depreciation deductions are produced one from the following ways: linear method based on the standards calculated by the organization based on their useful life; reducing balance method; by writing off the cost in proportion to the volume of products (works, services). The useful life of intangible assets is determined by the organization when accepting the object for accounting. The useful life is the period during which the use of an object brings profit and benefit to the enterprise.

The useful life for patents, licenses, rights of use, and so on is the period specified in the contract.

For intangible assets for which it is difficult or impossible to determine the useful life, depreciation rates are established based on a conditional period (but not longer than the life of the organization). In Russia, this period is 20 years of continuous operation. In the Republic of Belarus - 10 years. In China - 10 years. In the United States, in such situations, it is customary to focus on the so-called reasonable period, not exceeding 40 years.

For intangible assets received under a gift agreement and free of charge during the privatization process, acquired using budget allocations, and intangible assets budgetary organizations no depreciation is charged. It is possible not to charge depreciation charges for certain types of intangible assets, the list of which the enterprise establishes independently. Typically these include assets whose value does not decrease over the years (for example, trademarks).

Depreciation of intangible assets is based on the best estimate of the asset's useful life and begins from the time the asset is available for use. The service life is usually set to no more than 20 years; The standard allows for the possibility of intangible assets with a long service life - the rationale for choosing such terms should be disclosed. We are talking about specific, reliably determined periods of service, for example, arising from lease agreements, and not about abstract inferences.

Depreciation of intangible assets is mandatory. The existence of non-depreciable, “eternal” intangible assets is unacceptable.

The choice of depreciation method and accounting procedure is similar to IFRS 16, with the caveat that usually the liquidation value of intangible assets is zero. Non-zero salvage value is only applicable

where there is an obligation from third parties to repurchase the asset at the end of its useful life, or

to intangible assets traded on an active market, if it is expected that the active market will continue after the expiration of the intangible asset's service life. IFRS 38

2.3. Accounting for a company's business reputation

The value of any enterprise, taken as a whole as a single property and economic complex, is different from the total value of its assets. In other words, there is a significant difference between the value of an enterprise and the total value of its assets and liabilities. In English-language economic literature, this difference is called goodwill.

For example, the Nestlé Corporation acquired the Rowntree Company for $2.55 billion, which was more than five times the company's book value. The Morris Corporation bought the Kraft Company in October 1988 for almost $13 billion, four times more book value this company.3

Goodwill is the benefit that a buyer receives when purchasing an existing and operating company, compared to starting a new company. This difference can be either positive or negative.

Positive business reputation means that the value of the enterprise exceeds the total value of its assets, that the enterprise has something inherent in it that is not determined by the value of its assets. Such something could be the presence of stable customers, profitable geographical position, quality reputation, marketing and sales skills, technical know-how, business connections, management experience, staff qualification level, etc. These factors provide more high level profits than what could be obtained using similar assets and, but in the absence of the noted intangible factors. A negative business reputation indicates that the company's assets are being used ineffectively.

Business reputation does not exist separately from the enterprise. These are inalienable properties. They cannot be disposed of separately from the enterprise. This feature distinguishes this type assets from all other accounting items, including other types of intangible assets.

There are two main approaches to determining the value of goodwill. The first involves assessing goodwill as a source of additional income (the excess profit method) and uses business valuation methods. For example, an industry consists of three enterprises that have equal assets (1000 monetary units), the same structure and the same technical level. But the profitability of assets is different: for enterprise A it is 25%, for enterprise B - 15%, for enterprise C - 10 %. The average profitability is 15%.

Table Goodwill calculation

The second approach is based on taking into account the results of specific transactions. The amount of acquired business reputation is taken as the difference between the amount actually paid for the enterprise and the total value of individual assets and liabilities of this enterprise recorded in the most recent balance sheet. So, if company A was purchased for 1700 monetary units, then goodwill is 1770-1000 = 700 monetary units.

An entity's goodwill should be treated as a premium to the price paid by the buyer in anticipation of future economic benefits and accounted for as a separate inventory item.

A negative business reputation of an organization is considered as a price discount provided to the buyer due to the unsatisfactory financial results of the enterprise and taken into account as deferred income.

Business reputation does not have a specific lifespan. Domestic practice assumes that most of the potential elements constituting goodwill will provide economic benefits within 20 years from the date of acquisition. During this time, goodwill must be amortized. However, it is necessary to be aware that the accepted depreciation period is conditional and may affect the accuracy of the calculation financial result activities of the enterprise.

Some countries have introduced maximum period depreciation: Japan - 5 years, Netherlands - 10, Sweden - 10, Australia - 20, Canada and USA - 40.

Related information.

At an enterprise, with an individual entrepreneur in mandatory everything must be taken into account business transactions. Moreover, this also applies to various types of assets – non-material ones as well.

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They mean all kinds of intellectual, labor and other resources. The legislation establishes a complete list of resources of the type in question.

To be reflected in tax or accounting records, it is mandatory to evaluate such assets.

This process must be carried out in accordance with certain rules. All of them are reflected in the legislation in force in the Russian Federation.

What you need to know

Intangible assets are a significant part of the enterprise's property. Their total number directly depends on the field of activity of a particular company.

There is enough a large number of the most different features related to the valuation of such assets. This process is covered in legislative norms. It is very important to follow all rules of appraisal work.

Often, it is by understating the value of tangible and intangible assets that various corruption schemes are implemented.

Therefore, all kinds of regulatory authorities show the closest possible interest in this section of accounting. This primarily concerns the Federal Tax Service.

If errors are detected in reporting (intentional or accidental), quite significant fines may be imposed.

This can be avoided by considering the following issues:

• necessary terms;
• why is this necessary;
• normative base.

Required terms

To avoid all sorts of difficulties associated with the consideration of legislative norms, which you need to become familiar with, it is imperative to study the terminology.

The main terms today include the following:

• money;
• intangible assets;
• asset valuation process;
• depreciation;
• depreciation calculation;
• tax and accounting.

Under the term "tangible assets"	This refers to assets that have physical form. They can be all kinds of structures, buildings, cars and other vehicles.
Under intangible assets	Intellectual property is implied. It may extend to various information. For example, there are search assets. This is data on the location of any resource sources, something like that
"Asset Valuation"	The procedure for estimating the value of various types of assets. The algorithm itself may differ significantly depending on the type of asset. That is why it is necessary to familiarize yourself with it in advance. An incorrect assessment may result in the imposition of a fairly significant fine.
"Depreciation"	The cost of servicing and maintaining an asset in good condition. It could be a car, something else
"Depreciation calculation"	The process of reflecting information in accounting and tax reporting funds for maintaining the asset. An important factor is the management financial accounting accordingly. In accordance with current legislation All business and economic transactions should be indicated in special tables. Accounting can be carried out both jointly with the tax office and separately from it.

It refers to the reflection of information that is necessary to form the tax base. This moment is especially significant in the case of an audit by the Federal Tax Service. Tax reporting must be kept in a strictly established form.

Why is this necessary?

Today, the process of assessment and subsequent reflection of this procedure in accounting and tax reporting makes it possible to implement many different tasks:

The assessment of intangible assets allows us to establish the efficiency of the enterprise. Since the more assets an enterprise has, the more successful its activities are.

This indicator is not basic, but it is one of the main, most significant ones. The situation is similar with all other points.

Normative base

There are a large number of different legislative acts directly related to the procedure for assessing intangible assets and their reflection.

The most important ones that need to be considered first are the following:

PBU 14/2007 includes the following:

Federal Law No. 402-FZ of December 6, 2011 includes the following main sections:

	List of objects reflected in the financial statements
	Lists the persons who are required to maintain accounting records
	How is accounting carried out?
	The selection process and the features of each type are considered
	What are the primary accounting documents?
	What are accounting registers
	How an inventory of liabilities as well as assets is performed
	The procedure for monetary measurement in this type of accounting
	What are the requirements for financial reporting?
	What is meant by the composition of financial statements
	What's happened reporting period, as well as the date of reporting
	Reporting procedure for
	Reporting procedure during the procedure
	Internal control
	Basic principles related to accounting regulation
	A list of documents required in this case is indicated.

There are many various nuances related to the assessment of intangible assets, as well as their subsequent reflection. It is important to consider all of them in advance.

This is the only way to avoid the most different problems associated with making errors regarding the valuation of intangible assets.

Valuation of intangible assets of an enterprise

The process of assessing intangible assets can be carried out different ways. The choice of a specific one depends on the type of assets, as well as some other points.

It is important to familiarize yourself with the list of data required for this in advance. The main issues, the consideration of which is strictly necessary, include:

• what types of assessment are there;
• the data required for this;
• if market value;
• if for a bank;
• drawing up an act.

What types of assessment are there?

Exist different kinds valuation of intangible assets. The main ways to carry out this operation include the following:

• income type method;
• comparative approach;
• costly approach.

The profitability method is understood as a list of actions to assess the profit that a specific intangible asset can bring.

The comparative method itself is more difficult to use. It is understood as a set of various actions that involve comparing the value of analogous assets.

When choosing an analogue object, it will be necessary to take into account the following characteristics (they determine its cost):

• economic;
• technical;
• others.

The essence of the cost method is similar to the comparative method. But this takes into account all kinds of cumulative expenses that will need to be incurred in the event of the loss of the object and its subsequent return.

The cost of returning an asset must be understood as the total amount of money that will need to be spent to recreate an exact copy.

Wherein important factor is the valuation date. The choice of any particular assessment method directly depends on many different factors.

First of all, you should remember the need to take into account legal norms. It is important to know that the assessment process can only be carried out with this point in mind.

Data required for this

To assess the value of intangible assets, it is strictly necessary to have a certain list of data. It is also established by the current legislation of the Russian Federation.

It is important to remember to avoid undervaluing. The set of required data directly depends on the method that was chosen for the assessment. The easiest way in this regard is with a cost-based approach.

The main reason for this is the ease of obtaining information about the cost of restoring a particular asset. Data can be taken from the Internet and various printed publications.

Difficulties are usually caused by obtaining information for evaluation using the profitability method. Abroad, this method is usually referred to as fair value.

It refers to the price paid for the sale of assets. The most significant difficulty associated with this method is the lack of possibility of documentary confirmation of information.

Selection of indicators in case of determination fair value again depends on the type of intangible assets themselves. The comparative approach in this sense is much simpler than determining fair value.

Since the information is more specific and it is possible to confirm it with documents. It is only important to select the reference asset and the market value set for it appropriately.

If market value

In the case of determining market value, there are usually no difficulties. But at the same time, you should remember the need to indicate the source of the data; documentary evidence is important.

It is worth using an independent printed publication. Also, the market value should not be lower than the cost of renewing the asset in the event of its sale or loss for any other reason.

If for the bank

When valuing intangible assets, it is important to remember that standards must be met. They are established by special legislative norms.

For example, the assessment of intangible assets FSO 11 is established

If legal standards are not met, the bank will simply not take into account documents assessing the value of intangible assets.

Drawing up an act

The assessment of the value of intangible assets must be confirmed by a special one. He does not have established form, can be composed arbitrarily.

We have provided types of intangible assets (intangible assets) and their classification according to various criteria in ours. For any types of intangible assets, one of the main criteria for their recognition is the ability to reliably determine the initial cost of intangible assets. We will talk about methods for assessing intangible assets and their depreciation in this material.

NMA: what types of assessments are there?

There is an assessment that is made at the time of acceptance of intangible assets for accounting, as well as an assessment that can be made in relation to previously recorded intangible assets.

The assessment that is finally formed at the time the intangible asset is accepted for accounting in account 04 “Intangible assets” is called the “initial cost” (clause 6 of PBU 14/2007). Accordingly, an assessment that can be made after the initial cost has already been formed is called “subsequent assessment”.

We determine the initial cost of intangible assets

Let us group in the table the existing methods for valuing intangible assets upon their initial recognition, indicating the main methods for determining the initial cost of intangible assets for each specific option for the receipt of an asset. It must be remembered that the list of costs included in the initial cost of intangible assets is open. In fact, the initial cost of intangible assets includes all costs directly related to the acquisition of intangible assets and preparing it for use for the intended purposes. And when an intangible asset is classified as investment assets, even interest on loans and credits received, under certain conditions, can be included in the initial cost of the asset (clause 10 of PBU 14/2007).

The procedure for the initial assessment of intangible assets will depend on the method of receipt of the object by the organization:

Method of receipt of intangible assets into the organization	The procedure for determining the initial cost
Purchase for a fee	Are summed up actual expenses related to the acquisition of an intangible asset (clause 8 of PBU 14/2007): — amounts under the agreement on the alienation of exclusive rights; — customs duties, fees; — state, patent and other duties; — remuneration to intermediary organizations; - cost of information and consulting services related to the acquisition of an intangible asset
Created by the organization itself	Initial cost the asset is determined based on (clause 9 of PBU 14/2007): — the cost of work (services) under construction contracts, author’s order contracts or contracts for R&D; — expenses for remuneration of employees directly involved in the creation of intangible assets, and insurance premiums from these payments; — expenses for maintenance and operation (including depreciation) of fixed assets and other property that are used to create an intangible asset
Contribution to the share capital contribution	The initial cost is determined in the amount of monetary value agreed upon by the founders (clause 11 of PBU 14/2007). When adding intangible assets to the authorized capital of business companies, it is necessary to involve an independent appraiser. And the value of the asset contributed to the authorized capital cannot be valued by the founders higher than the value determined by an independent appraiser (Clause 2 of Article 66.2 of the Civil Code of the Russian Federation)
Receive for free	The initial cost is determined based on the current market value of the intangible asset as of the date of its recording in accounting on account 08 “Investments in fixed assets"(Order of the Ministry of Finance dated October 31, 2000 No. 94n). This cost is equal to the value that would be received from the sale of an intangible asset on this date (clause 13 of PBU 14/2007)
Receipt under an exchange agreement	The initial cost of intangible assets is determined by the value of another asset transferred in exchange (clause 14 of PBU 14/2007)

Valuation of intangible assets after acceptance into account 04 “Intangible assets”

The types of assessment of intangible assets, as we have already said, include the subsequent assessment of intangible assets. Such an assessment is made when (clause 16 of PBU 14/2007):

• revaluation of intangible assets;
• depreciation of intangible assets.

A commercial organization has the right to carry out a revaluation at the end of the reporting year to the current market value of intangible assets for which there is an active market (clause 17 of PBU 14/2007). At the same time, having carried out a revaluation at least once, this will need to be done regularly in the future so that the accounting value of intangible assets does not differ significantly from their current market value (clause 18 of PBU 14/2007).

An organization has the right to carry out impairment of intangible assets in accordance with IFRS (clause 22 of PBU 14/2007).

Methods of depreciation of intangible assets

The method of receipt and the procedure for determining the valuation of intangible assets does not affect the choice of the method of their depreciation. Depreciation of intangible assets can be carried out in any of the following ways (clause 28 of PBU 14/2007):

• linear method;
• reducing balance method;
• method of writing off cost in proportion to the volume of products (works).

And only in relation to positive business reputation, only the linear depreciation method is always applied (clause 44 of PBU 14/2007).

We talked in more detail about the methods of calculating depreciation of intangible assets in.