Holt on IAS 12 new
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Transcript of Holt on IAS 12 new
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IAS 12, INCOME TAXES
By Graham Holt
Studying this technical article and answering the related questions can
count towards your verifiable CPD if you are following the unit route to
CPD and the content is relevant to your learning and development
needs. One hour of learning equates to one unit of CPD. We'd suggest
that you use this as a guide when allocating yourself CPD units.
IAS 12, Income Taxes, deals with taxes on income, both current tax and
deferred tax. Income tax accounting is complex, and preparers and users find
some aspects difficult to understand and apply. These difficulties arise from
exceptions to the principles in the current standard, and from areas where the
accounting does not reflect the economics of the transactions.
The current tax expense for a period is based on the taxable and deductible
amounts that will be shown on the tax return for the current year. Current tax
assets and liabilities for the current and prior periods are measured at the
amount expected to be paid to or recovered from the tax authorities, using the
tax rates and tax laws that have been enacted or substantively enacted by the
date of the financial statements.
A mismatch can occur because International Financial Reporting Standards
(IFRS) recognition criteria for items of income and expense are different from
the treatment of items under tax law. Deferred taxation accounting attempts to
deal with this mismatch. The IAS 12 standard is based on the temporary
differences between the tax base of an asset or liability and its carrying amount
in the financial statements.
The tax base of an asset or liability is the amount attributed to it for tax
purposes, based on the expected manner of recovery. IAS 12 focuses on the
future tax consequences of recovering an asset only to the extent of its carrying
amount at the date of the financial statements. Future taxable amounts arising
from recovery of the asset will be capped at the asset's carrying amount.
For example, a property may be revalued upwards but not sold, creating a
temporary difference because the carrying amount of the asset in the financial
statements is greater than the tax base of the asset. The tax consequence is a
deferred tax liability.
Deferred tax is provided in full for all temporary differences arising between the
tax bases of assets and liabilities and their carrying amounts in the financial
statements. There are exceptions where the temporary difference arises from:
• Initial recognition of goodwill.
• Initial recognition of an asset or liability in a transaction that is not a business
combination and that affects neither accounting profit nor taxable profit.
• Investments in subsidiaries, branches, associates and joint ventures where
certain criteria apply.
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Deferred tax assets and liabilities are measured at the tax rates that are
expected to apply to the period when the asset is realised or the liability is
settled and discounting of deferred tax assets and liabilities is not permitted.
The measurement of deferred tax liabilities and deferred tax assets reflects the
tax consequences of the manner in which the entity expects to recover or settle
the carrying amount of its assets and liabilities. The expected manner of
recovery for land with an unlimited life is always through sale, but for other
assets the manner in which management expects to recover the asset, either
through use or sale or both, should be considered at each date of the financial
statements.
A deferred tax asset is recognised to the extent that it is probable that taxable
profit will be available against which the deductible temporary difference can be
used. This also applies to deferred tax assets for unused tax losses carried
forward. Current and deferred tax is recognised in profit or loss for the period,
unless the tax arises from a business combination or a transaction or event that
is recognised outside profit or loss, either in other comprehensive income or
directly in equity in the same or different period.
For example, a change in tax rates or tax laws, a reassessment of the
recoverability of deferred tax assets or a change in the expected manner of
recovery of an asset have tax consequences that are recognised in profit or loss,
except to the extent that they relate to items previously charged or credited
outside profit or loss.
That, at least, is the current position on current and deferred taxation under
IFRS. The proposed amendments to IAS 12 issued in March 2009 would have
made significant changes. However, after considering the unenthusiastic
feedback, the International Accounting Standards Board (IASB) has decided not
to proceed with its proposals but to focus on practical issues with the existing
standard. The IASB and the Financial Accounting Standards Board (FASB) will
consider fundamentally reviewing the accounting for income taxes some time in
the future. In the meantime, the IASB is undertaking a limited-scope project to
see which issues can be addressed in the shorter term.
The project aims to resolve problems without changing the fundamental
approach under IAS 12, and without increasing differences with US GAAP. The
project will cover the following:
• deferred tax arising from property remeasurement at fair value;
• uncertain tax positions;
• introduction of a step to consider whether the recovery of an asset or
settlement of a liability will affect taxable profit;
• recognition of a deferred tax asset in full and an offsetting valuation allowance
to the extent necessary;
• guidance on assessing the need for a valuation allowance;
• guidance on substantive enactment of tax laws; and
• allocation of current and deferred taxes within a group that files a consolidated
tax return.
In September 2010, an IASB exposure draft proposed an exception to the
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existing principle for measuring deferred tax assets or liabilities arising on
certain non-financial assets measured at fair value. The exception applies to:
• investment property measured using the fair value model in IAS 40;
• property, plant and equipment or intangible assets measured using the
revaluation model in IAS 16 or IAS 38; and
• investment property, property, plant and equipment or intangible assets
initially measured at fair value in a business combination if the fair value
or revaluation model was used when the underlying asset was
subsequently measured.
Deferred tax assets and liabilities are currently measured on the basis of:
• the expected manner of recovery (asset) or settlement (liability); and
• the tax rate expected to apply when the underlying asset (liability) is
recovered (settled).
The expected manner of recovery or settlement may affect the calculation of the
tax base or the applicable tax rate or both. In such cases management's
intentions are key in determining the amount of deferred tax to recognise.
The issue is that it can be difficult and subjective to determine the expected
manner of recovery. The IASB's proposed exception to this measurement
principle applies to investment property, property, plant and equipment, and
intangible assets measured using the fair value or revaluation model in
accordance with relevant IFRSs. Under this exception, the measurement of
deferred tax assets and liabilities reflects a rebuttable presumption that the
carrying amount of the underlying asset will be recovered entirely through sale.
The presumption could be rebutted only when there is clear evidence that the
underlying asset's economic benefits will be consumed by the entity throughout
the asset's economic life.The IASB has proposed this exception to the
measurement principle that disregards management's intention unless there is
clear evidence to support consumption through use. It will affect entities holding
investment property, property, plant and equipment or intangible assets
measured at fair value where the capital gains tax rate is different from the
income tax rate, and/or the tax base from sale is different from tax base from
use. The deferred tax liability will be reduced significantly where there is no
capital gains tax. Judgment will be required to determine whether clear evidence
exists. SIC 21, Income Taxes - Recovery of Revalued Non-Depreciable Assets,
will be withdrawn by the amendment.
Assets measured at cost, or other assets measured at fair value such as financial
instruments, are not in the scope of the IASB's exposure draft. However, it is
unclear why the same principles do not apply to these assets. The result is that
there will be a different approach to deferred tax accounting by entities with
identical assets and tax rates but different accounting policies.
The IASB's exposure draft requires full retrospective application, with early
adoption permitted. Complexities might therefore arise if the underlying assets
were acquired in a business combination.
Example
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An entity has investment property overseas that is currently out on rental. The
entity has decided that it may sell the property. The property is measured at fair
value under IAS 40. In the overseas country, there are different tax rates
depending on whether an entity recovers an asset through use (30%) or sale
(20%). The entity anticipates that it will recover 40% of the property's economic
benefits through use. The fair value/carrying amount of the property is $5m,
$2.5m of which is the land value. The tax base is $3m, which is split equally
over land and buildings.
Temporary
difference Tax rate
Deferred
tax
liability
Land $1m 20% $200,000
Building - recover
through use $400,000 30% $120,000
Building - recover
through sale $600,000 20% $120,000
Total $2m $440,000
Solution
Given that the entity has a dual intention of use and sale with respect to the
recovery of the asset, the deferred tax calculation could reflect that dual
intention. Part of the buildings may be recovered through usage, in which case
the deferred tax liability for that part would be calculated using a 30% tax rate.
Note that the expected manner of recovery for land with an unlimited life is
always through sale.
However, the exposure draft proposals have a rebuttable presumption that the
carrying amount of the property will be recovered through sale, so the deferred
tax liability would be calculated in total as $(5-3)m @ 20%, i.e. $400,000. The
entity could use the tax rate applicable for recovery through use of 30% only to
the extent it had clear evidence that it would recover the carrying amount of the
investment property through usage.
It is clear that the exposure draft proposals could result in a significant change
in the deferred tax calculation. A series of piecemeal changes to IAS 12 could
have a significant impact on deferred taxation balances.
Graham Holt is an examiner for ACCA and executive head of the
accounting and finance division at Manchester Metropolitan University
Business School