[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR31.205-16]

[Page 595-596]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES--Table of Contents
 
          Subpart 31.2--Contracts With Commercial Organizations
 
Sec. 31.205-16  Gains and losses on disposition or impairment of depreciable property or other capital assets.

    (a) Gains and losses from the sale, retirement, or other disposition 
(but see 31.205-19) of depreciable property shall be included in the 
year in which they occur as credits or charges to the cost grouping(s) 
in which the depreciation or amortization applicable to those assets was 
included (but see paragraph (d) of this subsection). However, no gain or 
loss shall be recognized as a result of the transfer of assets in a 
business combination (see 31.205-52).
    (b) Gains and losses on disposition of tangible capital assets, 
including those acquired under capital leases (see 31.205-11(m), shall 
be considered as adjustments of depreciation costs previously 
recognized. The gain or loss for each asset disposed of is the 
difference between the net amount realized, including insurance proceeds 
from involuntary conversions, and its undepreciated balance. The gain 
recognized for contract costing purposes shall be limited to the 
difference between the acquisition cost (or for assets acquired under a 
capital lease, the value at which the leased asset is capitalized) of 
the asset and its undepreciated balance (except see subdivisions 
(c)(2)(i) or (ii) below).
    (c) Special considerations apply to an involuntary conversion which 
occurs when a contractor's property is destroyed by events over which 
the owner has no control, such as fire, windstorm, flood, accident, 
theft, etc., and an insurance award is recovered. The following govern 
involuntary conversions:
    (1) When there is a cash award and the converted asset is not 
replaced, gain or loss shall be recognized in the period of disposition. 
The gain recognized for contract costing purposes shall be limited to 
the difference between the acquisition cost of the asset and its 
undepreciated balance.
    (2) When the converted asset is replaced, the contractor shall 
either--
    (i) Adjust the depreciable basis of the new asset by the amount of 
the total realized gain or loss; or
    (ii) Recognize the gain or loss in the period of disposition, in 
which case the Government shall participate to the same extent as 
outlined in subparagraph (c)(1) above.
    (d) Gains and losses on the disposition of depreciable property 
shall not be recognized as a separate charge or credit when--
    (1) Gains and losses are processed through the depreciation reserve 
account and reflected in the depreciation allowable under 31.205-11; or
    (2) The property is exchanged as part of the purchase price of a 
similar item,

[[Page 596]]

and the gain or loss is taken into consideration in the depreciation 
cost basis of the new item.
    (e) Gains and losses arising from mass or extraordinary sales, 
retirements, or other disposition other than through business 
combinations shall be considered on a case-by-case basis.
    (f) Gains and losses of any nature arising from the sale or exchange 
of capital assets other than depreciable property shall be excluded in 
computing contract costs.
    (g) With respect to long-lived tangible and identifiable intangible 
assets held for use, no loss shall be allowed for a write-down from 
carrying value to fair value as a result of impairments caused by events 
or changes in circumstances (e.g., environmental damage, idle facilities 
arising from a declining business base, etc.). If depreciable property 
or other capital assets have been written down from carrying value to 
fair value due to impairments, gains or losses upon disposition shall be 
the amounts that would have been allowed had the assets not been written 
down.

[48 FR 42301, Sept. 19, 1983, as amended at 55 FR 25530, June 21, 1990; 
60 FR 64255, Dec. 14, 1995; 61 FR 67424, Dec. 20, 1996]