[Question] Deduction

[Business1]

Hi

I would like to know, If an accountant working as sole proprietor bought a "business" from another accountant.
Business def:
- right to use part of their name (but also requested to please do use that name so almost forced to use it, not really an advantage).
- Plus clients (therefore right to takeover clients)

The "value" was calculated on a % of annual income from each client - the only certainty for the new accountant is that if the client stay at least 3 months, you pay in full for the client,

The previous accountant is not allowed to start a business again in the area for 2 years.

Will this be capital in nature? or an expense?
Can the accountant amortize the asset if capital,and get a tax deduction?

Maybe he can say that the amount paid was also partly as a restraint of trade to the previous accountant...

[dellatjie]

Business1,

This sounds like goodwill: the difference between what you paid and the assets that you acquired. And yes, you can amortise goodwill, but no tax deduction will be allowed.

I am not sure if this transaction has already been closed, but I at some stage considered buying an accounting practice, and after a lot of negotiations came to the conclusion that the new accountant cannot guarantee the fact that the clients will stay, so it's is a very difficult thing to determine a fair price on a practice. Just my thoughts on the matter.

[Dave A]

Maybe he can say that the amount paid was also partly as a restraint of trade to the previous accountant...

One should bear in mind there are tax consequences for the previous accountant too. The two parties had better be paddling in sync.