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Legal Terms - Fixed Asset (Capital Asset)
A long-term asset held for business purposes that will not be consumed during operations. Fixed assets are valued and recorded on an enterprise's balance sheet. Fixed assets are classified into three types: tangible assets (e.g. industrial machinery, manufacturing buildings, aircraft), investments (e.g. property for letting, shares in a purchasing cooperative), and intangible assets (e.g. goodwill or know-how). Adam Smith's analysis in The Wealth of Nations (1776) distinguishes between two types of business assets: long-term assets like plant, machinery, and buildings, and inputs and outputs used in production. The business's fixed assets are financed by fixed capital, while the circulating assets are financed by circulating capital. In business matters, modern judicial practice follows the Financial Reporting Standards set by the Financial Reporting Council. "Fixed assets" have the following meaning: "Assets of an entity which are intended for use on a continuing basis in the entity's activities." Next, the word "asset" translates as "A resource controlled by the entity as a result of past events and from which future economic benefits are expected to flow to the entity." When determining if an item is a fixed asset, consider the business context. Case law on plant and machinery, a type of fixed asset, can be found at Machinery and Plant.

The Financial Reporting Council defines a "intangible asset" as a non-monetary asset that lacks physical substance. The definition goes on to indicate that "an asset is identifiable, when: (a) it is separable, i.e. capable of being separated or divided from the entity and sold, transferred, licensed, rented or exchanged … or (b) it arises from contractual or other legal rights, regardless of whether those rights are transferable or separable from the entity or from other rights and obligations" . Intangible fixed assets include brands, patents, manufacturing know-how, potential clientele, and goodwill. Goodwill can be created internally, purchased, or acquired after a company takeover. It is the difference between the amount paid and the worth of the company's physical assets. Tax treatment differs based on whether the goodwill was created before or after April 1, 2002. This can be a challenging matter to answer (Greenbank Holidays Ltd v Revenue and Customs Commissioners [2011] UKUT 155). In accounting, the cost of a fixed asset includes purchase expenses, significant spare components, and routine replacements.


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