VALUATION OF INTANGIBLES IN LATIN AMERICA: FAQ

It is important for an entrepreneur to understand the basics of intangible asset valuation because intangible assets, such as brands, patents, technology, copyrights and know-how, are becoming increasingly important in the overall value of a company. By understanding how these assets are valued, you can make informed decisions about managing your intellectual property and maximizing its value in the marketplace. Furthermore, proper valuation of intangible assets can be crucial in situations such as mergers and acquisitions, financing and litigation. Below you will find concrete answers to some of the most common questions asked on the topic:

1. What is intangible asset valuation?

It is the process of estimating the economic value of intangible assets, such as trademarks, patents, copyrights, know-how and goodwill. These assets do not have a physical form, but they can generate significant benefits for a company.

2. When is intangible assets valued?

There are various situations in which a valuation of intangibles is required, for example:

  • Business transactions: When buying or selling a company, intangibles can represent a significant portion of the total value. The appraisal helps determine a fair price for both parties.
  • Accounting and tax purposes: International Accounting Standards (IAS) and Colombian Accounting Standards (COLGAAP) require that intangibles be valued and recorded on the balance sheet.
  • Legal or litigation purposes: In cases of legal disputes, such as intellectual property infringements or conflicts related to licensing agreements, the valuation of intangibles can be crucial in determining the appropriate compensation or damages.
  • Strategic decision making: Valuing intangibles can help companies make informed decisions about investing in research and development, expanding into new markets, or creating new lines of business.

3. Who performs the valuation of intangibles?

Valuing intangibles is a complex task that requires experience and specialized knowledge in finance, accounting, law and intellectual property. It is usually performed by professionals such as:

  • Appraisers: They are independent experts who specialize in the valuation of assets, including intangibles.
  • Accountants: Certified public accountants may perform valuations of intangibles as part of their audit or consulting services.
  • Attorneys: Intellectual property attorneys can advise on the valuation of intangibles in the context of litigation or commercial transactions.
  • Consultants: There are consulting firms specialized in the valuation of intangibles that offer services to companies in various sectors.

4. How is intangible assets valued?

There is no single method for valuing intangibles, as the most appropriate approach will depend on the characteristics of the intangible asset, the availability of data and the purpose of the valuation. Some of the most common methods are:

  • Revenue-based approach: This method is based on the projection of future cash flows that the intangible will generate. The present value of these cash flows is estimated using an appropriate discount rate.
  • Cost-based approach: This method is based on the cost of replacing or replacing the intangible. Historical and future costs associated with the creation, development or acquisition of the intangible are considered.
  • Market focus: This method compares the intangible with similar assets that have recently been sold in the market. Comparable transaction data is used to establish a benchmark value.
  • Replacement cost approach: This method estimates the value of the intangible based on the cost of acquiring or developing a similar intangible asset in the current market. Development costs, research and development expenses, as well as costs of acquiring technology or similar licenses are considered.
  • Real options approach: This method values ​​intangibles by considering the flexibility and options available to leverage their value in the future. It is mainly used to value intangibles related to innovation and technology, where there is the possibility of future changes and expansions.

5. What are the factors that affect the valuation of intangibles?

There are several factors that can affect the valuation of an intangible, including:

  • The nature of the intangible: The type of intangible, its degree of legal protection and its income-generating potential are important factors that influence its value.
  • The market situation: The market conditions in which the company operates, competition and industry trends can affect the value of intangibles.
  • The financial situation of the company: The profitability, solvency and financial stability of the company are also relevant factors to consider.
  • The company’s experience and reputation: The company’s experience and reputation in the market can increase the value of its intangibles.
  • The quality of management: The quality of a company’s management and its ability to leverage intangibles are important factors influencing its value.

6. Is there any rule that regulates the valuation of intangibles?

Although there is no single global standard that specifically regulates the valuation of intangible assets, there are various regulatory frameworks and accounting standards that establish general principles and guidelines for the valuation of these assets. They are:

  • International Accounting Standards (IAS)

IAS, issued by the International Accounting Standards Board (IASB), establish accounting principles for the recognition, measurement and presentation of intangible assets in financial statements. Relevant standards include:

IAS 38 Intangible assets: This standard establishes the general requirements for the recognition, measurement, presentation and disclosure of intangible assets. Defines the criteria for determining when an intangible asset should be recognized on the balance sheet and establishes the different measurement bases that can be used.

IAS 36 Impairment of Assets: This standard establishes the requirements for the evaluation of the impairment of the value of assets, including intangible assets. Defines impairment indicators and establishes procedures for calculating impairment losses.

  • Local regulations

The Colombian Accounting Standards (COLGAAP), issued by the Colombian International Accounting Standards Board (CCNI), are the accounting standards that govern Colombia. Regarding the valuation of intangibles, COLGAAP is consistent with IAS, so the relevant standards are the same as those mentioned above.

In Mexico, for example, the Mexican Institute of Industrial Property (IMPI) can provide guidance on the valuation of intangibles, especially in the context of intellectual property.

In Argentina, the Federal Public Revenue Administration (AFIP) and the National Institute of Industrial Property (INPI) may have information and guidance on the valuation of intangibles.

In Peru, the National Superintendence of Customs and Tax Administration (SUNAT) and the Copyright Office of INDECOPI can be useful resources for obtaining information on the valuation of intangibles.

  • Valuation Standards

There are various valuation standards developed by professional appraisal organizations, such as the Institute of Professional Appraisers (IVP) in Colombia. These standards establish specific principles and methodologies for the valuation of intangibles, considering the characteristics and complexities of these assets.

  • Sectoral Regulations

In some specific sectors, such as telecommunications or energy, there are specific regulations that establish methodologies or criteria for the valuation of intangibles. These regulations are usually carried out by government or regulatory entities of the corresponding sector.

The valuation of intangibles is a complex task that requires a specialized approach adapted to the specific characteristics of each case. The application of the above-mentioned rules and standards must be carried out by professionals with experience in asset valuation and knowledge of the applicable regulations.

With more than 40 years of experience and the support of more than 500 satisfied clients, Fernández Lacort is here to offer you expert advice on any business or intellectual property related issue in the world.