Can I take a full write-down of both software and patent “intangible property” assets if the company no longer has this product for sale? The entity is an LLC fully-owned by another LLC and the parent is treated as a Subchapter S corporation.
Answer: We do not know exactly how you recorded the software and patent development costs on your Balance Sheet or whether you amortized any of those development costs, but if you have stopped selling the software, have abandoned any further development or sale, and the software programming is not saleable, then you can write-off the remaining book value of the software and related intangibles as worthless assets. Due to the general complexities of the tax rules and guidelines for capital assets, LLCs and S corps, you may nay need to consult your local business tax advisors to clarify the tax treatment of any asset write-offs; however, you can review IRS information regarding intangible asset and capital assets at the following websites:
Published: July 11, 2013
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