License Agreement Accounting


In this case, the license is valid for a symbolic IP address. This is because IP does not have its own features. That is, the utility comes from the past and current activities of company L. These activities include maintaining a team, maintaining the team in the Rochester area, etc. Therefore, the license provides for a right of access to intellectual property and the turnover is recorded over time. The SEC asked Commvault to explain “whether the performance obligation to provide software licenses is fulfilled when the software is shipped or made available for download.” The SEC also wanted to know how Commvault viewed ASC 606-10-55-58C “to determine when you record sales” (October 2017 letter). Whenever one company`s licensed intellectual property is used by another company, that other company must pay a royalty to the author of the licensed article it uses. The money collected by the owner of the licensed item from these fees is royalty income. Companies often buy or sell intellectual property (“IP”) licenses – things like patents, software, music, and scientific links. These contracts are common in sectors such as technology, entertainment and media, pharmaceuticals and life sciences, as well as retail and consumer. If you`re looking for a starting point when evaluating your contracts, security, logistics, and warehousing contracts typically include integrated leases. Licensing agreements are often used for the commercialization of technologies invented by universities or government laboratories. In this scenario, the company granted the customer a discount of $25,000 (the total stand-alone selling price of $100,000 minus the total transaction price of $75,000).

The fixed costs are divided between the license and the engineering services. Engineering services will be awarded a flat fee of $18,750 (the licence`s stand-alone sale price of $25,000 divided by the total stand-alone selling price of $100,000 multiplied by the total transaction price of $75,000). The license is allocated a fixed fee of $6,250 and the full license fee. Company A is a pharmaceutical company that regularly licenses its in-house developed drug formulations to pharmaceutical manufacturers. Recently, Company A authorized a new drug to customer B. The licence gives Customer B the right to manufacture and sell the new medicine for a period of three years. Company A`s continuing operations have no influence on the authorized drug formula. The new revenue recognition standard creates specific guidelines for accounting for licensing agreements that require careful consideration and the use of judgment. The guidelines and examples contained in the original standard and in ASU 2016-10 need to be carefully evaluated so that companies can prepare for the changes. In addition, the provision of the License does not entail any modification or material adaptation of the Pre-Opening Services that the Licensee has already received.

If a license is considered ambiguous during this analysis, the license is combined with the other products or services and the combined performance obligation is accounted for under the general revenue recognition model (the type of intellectual property described below should always be considered in step 5 of the general revenue recognition model). Conversely, if the licence is different, it is a separate performance obligation. If the licence is considered a separate performance obligation, companies must determine the type of licence to measure the timing of revenue recognition. A company grants a license for the use of a trade name for which it receives a payment equal to 5% of all sales made by the customer. The Company notes that the value that the Customer receives from the trade name is reflected in the amount of sales he can make and is therefore entitled to receive from the Customer a consideration equal to the value of the License for the Customer. This allows the company to choose the convenient 606-10-55-18 CSA tool and record revenue based on the amount it is entitled to charge and does not have to make an additional assessment of steps 3, 4 and 5. To illustrate this point, consider scenario 3 in the example above. Since the royalty was considered to relate primarily to the licensing of a patent, it cannot be divided into elements subject to the Royalties Directive and a portion subject to the Standard Variable Consideration Policy. Therefore, the amount of the fee allocated to engineering services can only be recognised at a later stage of the transfer of engineering services or the clarification of uncertainty as to the amount of the fee to be obtained. If the customer sells products that use the patent, which allows the company to pay under the royalty, the revenue would be seized and divided between the license and engineering services. In the final scenario, the Company granted the customer a discount of $25,000 (the total stand-alone sale price of $100,000 less the total transaction price of $75,000). Given that the expected amount of royalty is equal to the stand-alone sale price of the licence, the Company concludes that the fixed costs in their entirety should be allocated to engineering services.

In addition, due to the existence of the rebate, engineering services will be allocated $12,500 (the selling price of $50,000 for engineering services divided by the total stand-alone selling price of $100,000 multiplied by the total transaction price of $75,000, less the fixed fee of $25,000) in royalties. The use of cloud-based software was already on the rise before the pandemic. In the wake of COVID-19, SaaS has become an important resource for work, school, and even entertainment. With so many companies investing in cloud computing, it`s important to familiarize yourself with the guidelines for accounting for these contracts. This type of intellectual property is characterized by the presence of significant independent functionality, such as performing .B a task, processing a transaction, or disseminating creative works. In addition, functionality must be an important part of the IP benefit – its ability to provide an advantage or value (ASC 606-10-55-59a). The promise to provide intellectual property in this type of license does not depend on on ongoing support and maintenance. Therefore, the most important promise that is delivered is the use of a standalone feature as it exists on the start date of the license. To determine whether a functional intellectual property license is a right of access or a right of use, a second assessment is required. If functional intellectual property meets the following two criteria, it is considered a right of access and generates revenue over time: however, if the royalty is not primarily based on the intellectual property license, the royalty must be accounted for in the same way as other variable counterparties, which requires that it be estimated under the constraint of the variable counterparty when determining the transaction price (step 3).

Although the step 2 instructions for licensing are the same as for other goods and services, companies entering into licensing agreements may face some challenges. A particular challenge is the evaluation of what is transferred to the client. This may require consideration of the benefit of the license to the customer. For example, if the license is only useful when other activities occur, the good or service that the customer receives may not be the license, but the expected benefit of the license in combination with the other good and service. This is illustrated in the standard in Example 10, in which the customer receives the antivirus software and software updates over a period of three years. The software is not useful for providing virus protection except with updates. Therefore, the customer receives virus protection, which is a one-time performance requirement that includes software licensing and updates. Determining the nature of IP as a right of use or as a right of access affects the timing of revenue recognition. In particular, revenues from intellectual property licenses that are intended to create a right to use the intellectual property are accounted for at a time when control is transferred in accordance with CSA 606-10-25-30 (see the RevenueHub article to determine the transfer of control). On the other hand, revenues from intellectual property licenses that are supposed to create a right of access to intellectual property are recorded during the license term (or its remaining economic life, whichever is shorter). These licenses track the recognition of revenue over time in 606-10-25-31 to 37 CSAs (see the RevenueHub article on revenue recognition over time and input versus output methods). .