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Economic Useful Life Under VS 302: The Ten-Year Rebuttable Presumption

Legal and economic factors are considered together, the shorter governs, and a terminal value should generally not be applied — because an intangible with an infinite life is a...

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IBC Insolvency
Published
September 7, 2026
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Sep 7, 2026
Reading time
4 min
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Last updated: September 2026Verified against: Government sources

Finite or indefinite

Intangible assets could have a finite or indefinite life. Finite life will usually be established by law or a contract, technology, function or economic factors along with the pattern of replacement of the intangible asset to be valued.

And a warning against a common conflation: economic life of an intangible asset is not the same as the remaining useful life for tax or accounting purpose.

The shorter of two periods

The useful life is the shorter of the periods determined by these two factors:

  • Economic Factors — economic factors determine the period over which future economic benefits will be received by the entity.
  • Legal Factors — legal factors may restrict the period over which the entity controls access to these benefits.

The economic and legal factors shall be considered together as well as individually while determining the useful life of an intangible asset.

Why economic useful life is capped by whichever clock stops first

Consider a patented drug formulation. The legal clock is the patent term — say twelve years remaining. The economic clock is how long the formulation will actually earn, which may end sooner if a superior compound reaches the market in year six.

The useful life is six years, not twelve. Legal protection over an asset nobody wants produces no benefits.

Now reverse it. A brand may have economic life running indefinitely, but if the licence to use it expires in four years and is not renewable, the entity controls access to those benefits for four years only.

Hence the instruction to consider the factors together as well as individually. Assessed individually, each gives a period; assessed together, the shorter governs — and the interaction can shorten it further, as when a legal restriction accelerates economic obsolescence.

This is also why economic useful life differs from the tax or accounting life. Those are set by statute or policy; this one is set by the facts.

The ten-year presumption

Valuers should refer to Ind AS 28 which adopts a rebuttable presumption that useful life of an intangible, generally, should not be more than 10 years.

The consequence for the income approach is direct: while applying Income Approach towards Intangibles, Valuers should, generally, not apply a Terminal Value since that would imply an infinite life of the intangible.

A terminal value assumes cash flows continue forever. Applied to an intangible, it contradicts the presumption in the same model that relies on it — and it typically dominates the answer, since a perpetuity beyond the forecast horizon can exceed the discounted forecast itself.

When more than ten years is defensible

In certain cases, such as, where there is a legal right (license to operate Tolls, generate power etc.) the useful/economic life of the intangible can be higher than 10 years.

SituationLifeWhy
Brand, customer list, technologyGenerally not more than 10 yearsThe rebuttable presumption applies
Toll operating licence, power generation licenceCan exceed 10 yearsA defined legal right runs for a defined longer term

The presumption is rebuttable, not absolute — but rebutting it requires a legal right with a stated term, not an assertion that the brand will endure.

Common mistakes

  • Applying a terminal value to an intangible in a discounted cash flow.
  • Taking the legal term as the economic useful life without testing obsolescence.
  • Using the tax amortisation period as the valuation life.
  • Rebutting the ten-year presumption on brand strength rather than a legal right.
Quick recapKey facts & short answers

Key Facts About Economic Useful Life

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can an intangible asset have an indefinite life?

Intangible assets could have a finite or indefinite life. Finite life will usually be established by law or a contract, technology, function or economic factors along with the pattern of replacement of the intangible asset to be valued.

Is economic life the same as remaining useful life for tax or accounting?

No. The economic life of an intangible asset is not the same as the remaining useful life for tax or accounting purposes.

Creditors who act early have choices; those who wait are left with the outcome.

— TaxClue Insolvency Desk

Economic Useful Life: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Vikas Sharma Tax & Compliance Expert at TaxClue

Experienced in company registration, GST, trademark, and compliance. Helping Indian businesses stay compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Intangible assets could have a finite or indefinite life. Finite life will usually be established by law or a contract, technology, function or economic factors along with the pattern of replacement of the intangible asset to be valued.

No. The economic life of an intangible asset is not the same as the remaining useful life for tax or accounting purposes.

It is the shorter of the periods determined by two factors — economic factors, which determine the period over which future economic benefits will be received by the entity, and legal factors, which may restrict the period over which the entity controls access to those benefits. The economic and legal factors shall be considered together as well as individually.

Valuers should refer to Ind AS 28, which adopts a rebuttable presumption that the useful life of an intangible should generally not be more than 10 years.

While applying the income approach towards intangibles, valuers should generally not apply a terminal value, since that would imply an infinite life of the intangible.

In certain cases, such as where there is a legal right — a licence to operate tolls, to generate power and the like — the useful or economic life of the intangible can be higher than 10 years.