Updated: October 23, 2026 at 07:09 PM
Under IRC Section 167, a taxpayer may be entitled to a depreciation deduction of intangible property, such as a patent or copyright, used in a trade or business or held for the production of income over the useful life of the property, if that property has a limited useful life that can be reasonably estimated.
1 The taxpayer may choose to depreciate over a useful life of 15 years as a safe harbor, but this safe harbor generally only applies to intangibles acquired or created as a part of the acquisition of a trade or business (so that self-created intangibles are generally excluded).
1.IRC § 167(g)(6); Treas. Reg. § 1.167(a)-3(a).