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International GAAP® 2019: Generally Accepted Accounting Practice under International Financial Reporting Standards

Page 480

by International GAAP 2019 (pdf)


  The Example concludes that the difference between the carrying amount of the debt

  instrument of $918 and its tax base of $1,000 gives rise to a deductible temporary

  difference of $82 at the end of Year 2, [IAS 12.20, 26(d)], irrespective of whether Entity A

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  expects to recover the carrying amount of the debt instrument by sale or by use, i.e. by

  holding it and collecting contractual cash flows, or a combination of both. Whether the

  asset is realised on sale or on maturity (i.e. through use), Entity A will obtain a tax

  deduction equivalent to the tax base of $1,000 in determining any resultant taxable profit.

  7.4.5.B

  Recovering an asset for more than its carrying amount

  The Board concluded that the estimate of probable future taxable profit may include

  the recovery of some of an entity’s assets for more than their carrying amount, but only

  if there is sufficient evidence that it is probable that the entity will achieve this. In the

  case of a fixed-rate debt instrument measured at fair value, recovery for more than the

  carrying amount is probable if the entity expects to collect the contractual cash flows.

  [IAS 12.29A].

  The determination of temporary differences and the estimation of probable future

  taxable profit are two separate steps, and the IASB concluded that the carrying amount

  of an asset is relevant only to determining the temporary differences. [IAS 12.BC49].

  Indeed, the Board identified scenarios where an inappropriate outcome can arise if the

  possibility of realising a profit in excess of the carrying amount were limited. For

  example, a profitable manufacturing company relies on a business model that involves

  the sale of inventories and the recovery of property, plant and equipment for amounts

  exceeding their cost. Therefore, where such assets are recorded using the cost model,

  it would be inconsistent to assume that the entity will only recover these assets for their

  carrying amount. [IAS 12.BC50]. Nevertheless, in response to concerns raised by

  respondents that the amendment could be applied inappropriately, the Board

  acknowledged the need for caution where assets are measured at fair value. The risk of

  arbitrary estimates of future taxable profit is reduced where entities rely on evidence,

  such as the existence of contractual cash flows and an expectation of their recovery.

  [IAS 12.BC53]. For example, it would not be appropriate to assume recovery greater than

  an asset’s carrying amount at fair value on the basis of an arbitrary assertion that fair

  value will inevitably recover in line with a longer-term improvement in the related

  market for the asset in question.

  7.4.5.C

  Excluding the reversal of existing deductible temporary differences

  During its deliberations, the Interpretations Committee observed uncertainty about

  how entities should calculate the measure of taxable profit that is used for assessing

  the amounts available for the future utilisation of deductible temporary differences.

  In particular, there seemed to be diversity of opinion relating to whether entities

  should include or exclude deductions that will arise when those deductible temporary

  differences reverse. [IAS 12.BC55]. As discussed above at 7.4.3.B, the IASB concluded

  that the estimate of future taxable profit used to assess whether deductions can be

  utilised is not the same as ‘taxable profit’ (which is the amount determined after the

  application of all applicable tax laws that gives rise to an entity’s liability to pay

  income tax). [IAS 12.5].

  Therefore, entities should exclude the effect of deductions arising from the reversal of

  the deductible temporary differences being assessed for recoverability, or they would

  be counted twice. [IAS 12.29(a)(i), BC56].

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  7.4.5.D

  The basis for assessing the recoverability of deductible temporary differences

  As noted at 7.4 above, IAS 12 restricts the recognition of deferred tax assets to the extent

  that it is probable that taxable profit will be available against which the underlying

  deductible temporary differences can be utilised. [IAS 12.27].

  The Board noted that this is a matter for tax law; that IAS 12 defines taxable profit by

  reference to the application of the rules determined by tax authorities; and that no

  deferred tax is recognised if the reversal of the temporary difference will not lead to tax

  deductions. [IAS 12.BC58]. Therefore, the assessment of whether a deductible temporary

  difference can be utilised considers on a combined basis all deductible temporary

  differences relating to the same taxation authority and same taxable entity that are

  treated in a similar way under tax law. However, if tax law offsets specific types of losses

  against particular categories of income (for example when tax law allows capital losses

  to be deducted only against capital gains) such temporary differences are segregated

  according to their treatment under the relevant tax law. [IAS 12.BC59].

  IAS 12 was amended to clarify that entities making the assessment of the availability of

  taxable profits against which a deductible temporary difference can be utilised should do

  so in combination with all other deductible temporary differences, unless tax law restricts

  the sources of taxable profits against which that deductible temporary difference can be

  utilised. Where restrictions exist, the assessment is made together only with deductible

  temporary differences recoverable from the same sources. [IAS 12.27A].

  The amendments to IAS 12 add an example to illustrate how these requirements are

  applied to debt instruments measured at fair value, on which Example 29.22 below is

  based. [IAS 12 Example 7].

  Example 29.22: Debt instruments measured at fair value

  At 31 December 2019 an entity holds a portfolio of three debt instruments, which are measured at fair value

  through other comprehensive income:

  Debt instrument

  Cost

  Fair value

  Contractual

  (All amounts in €)

  interest rate

  Debt instrument A

  2,000,000

  1,942,857

  2.00%

  Debt instrument B

  750,000

  778,571

  9.00%

  Debt instrument C

  2,000,000

  1,961,905

  3.00%

  All the debt instruments were acquired for their nominal value. All three debt instruments mature on

  31 December 2020, on which date repayment of the nominal value is due. Interest is paid at the end of each

  year. When the instruments were acquired, the contractually fixed interest rates were equal to the relevant market

  rates. However, at 31 December 2019 the market interest rate is 5%, resulting in the fair value of instruments A

  and C to be below their cost and the fair value of instrument B to be above its cost. It is probable that the entity

  would receive all the contractual cash flows if it continues to hold the debt instruments.

  The entity expects to hold instruments A and B to maturity, collecting the cash flows as they fall due, and to

  sell instrument C in early 2020 for its fair value of €1,961,905.

  The tax base of the debt instruments is cost, which is deductible either on maturity when the princip
al is paid or

  against any sale proceeds when the instruments are sold. Tax law specifies that gains (losses) on the debt

  instruments are taxable (deductible) only when realised. Tax law distinguishes ordinary gains and losses from

  capital gains and losses. Ordinary losses can be offset against both ordinary gains and capital gains. Capital losses

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  can only be offset against capital gains. Capital losses can be carried forward for 5 years and ordinary losses can

  be carried forward for 20 years.

  Ordinary gains are taxed at 30 per cent and capital gains are taxed at 10 per cent.

  Tax law classifies interest income from the debt instruments as ‘ordinary’ and gains and losses arising on the

  sale of the debt instruments as ‘capital’. Losses that arise if the issuer of the debt instrument fails to pay the

  principal on maturity are classified as ordinary by tax law.

  In addition to the above, there are other taxable temporary differences of €50,000 and deductible temporary

  differences of €430,000 which are expected to reverse in ordinary taxable profit in 2020.

  In summary, the following temporary differences are identified at 31 December 2019:

  Temporary differences

  Carrying

  Tax base

  Taxable

  Deductible

  (All amounts in €)

  amount

  temporary

  temporary

  differences

  differences

  Debt instrument A

  1,942,857

  2,000,000

  57,143

  Debt instrument B

  778,571

  750,000

  28,571

  Debt instrument C

  1,961,905

  2,000,000

  38,095

  Other sources (not specified)

  50,000

  430,000

  Total temporary differences

  78,571

  525.238

  Expected to reverse in ordinary gains or losses

  78,571

  487,143

  Expected to reverse as capital losses

  38,095

  The entity expects to report an ordinary tax loss of €200,000 for the year ending 31 December 2020. The

  deductible temporary difference on instrument C is classified as a capital loss because it is expected to be

  realised by sale. There are no other capital gains against which the entity could utilise capital losses in the

  current or future periods. What is the entity’s deferred tax asset or liability as at 31 December 2019?

  The entity assesses the availability of probable future taxable profits in two steps:

  • Step 1: Determine the availability of taxable temporary differences at the reporting date. [IAS 12.28].

  • Step 2: Determine the availability of probable future taxable profits. [IAS 12.29].

  Step 1: Determine the availability of taxable temporary differences at the reporting date

  All of the taxable temporary differences are expected to reverse in ordinary gains or losses and should

  therefore be compared to the deductible temporary differences of €487,143 that are capable of being

  utilised against ordinary gains. Accordingly, a deferred tax asset of €78,571 is justified at this stage, with

  €408,572 (487,143 less 78,571) of deductible temporary differences remaining to be utilised against

  ordinary gains or losses.

  Step 2: Determine the availability of probable future taxable profits

  The fact pattern states that the entity expects to report an ordinary tax loss of €200,000 for 2020. As noted

  at 7.4.5.C above, this figure is the amount determined after the application of all applicable tax laws that

  gives rise to an entity’s liability to pay income tax. In order to calculate the available profits against which

  the deductible temporary differences can be utilised, the effect of deductions arising from the reversal of the

  deductible temporary differences must be excluded. The gives a probable future taxable profit of €208,572,

  as follows:

  Excluding the reversal of existing temporary differences

  Amount

  €

  Expected tax loss reported for 2020

  (200,000)

  Reversal of taxable temporary differences (ordinary gains and losses)

  (78,571)

  Reversal of deductible temporary differences (ordinary gains and losses)

  487,143

  Probable taxable profit for 2020 excluding the effect of reversals

  208,572

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  Accordingly, the entity recognises a deferred tax asset in respect of deductible temporary differences of €287,143,

  comprising €78,571 justified by reference to taxable temporary differences existing at the reporting date and

  €208,572 expected to be utilised against probable taxable profits in 2020. All of these deductible temporary

  differences are expected to reverse in ordinary gains or losses, for which the applicable tax rate is 30%.

  Therefore, at 31 December 2019, the entity reports a deferred tax liability of €23,571, a deferred tax asset of

  €86,143 and unrecognised deductible temporary differences of €238,095, as follows:

  Temporary differences

  Amount

  Tax rate

  Deferred

  Deferred

  (All amounts in €)

  tax liability

  tax asset

  Taxable temporary differences

  78,571

  30%

  23,571

  Total deductible temporary differences

  525.238

  Less: eligible for recognition

  (287,143)

  30%

  86,143

  Unrecognised 238,095

  The unrecognised deductible temporary differences comprise €38,095 expected to reverse in capital gains

  and losses and €200,000 (487,143 – 287,143) expected to reverse in ordinary gains and losses.

  7.4.6

  Unused tax losses and unused tax credits

  A deferred tax asset should be recognised for the carryforward of unused tax losses and

  unused tax credits to the extent that it is probable that future taxable profit will be available

  against which the unused tax losses and unused tax credits can be utilised. [IAS 12.34].

  The criteria for recognition are essentially the same as those for deductible temporary

  differences, as set out in 7.4.1 to 7.4.4 above, in particular that it is ‘probable’ that there

  will be sufficient taxable profit against which a deductible temporary difference can be

  utilised when there are sufficient taxable temporary differences relating to the same

  taxation authority and the same taxable entity which are expected to reverse in the

  same period as the asset, or in a period into which a loss arising from the asset may be

  carried back or forward. [IAS 12.28].

  However, IAS 12 emphasises that the existence of unused tax losses is strong evidence

  that taxable profits (other than those represented by deferred tax liabilities) may not be

  available. Therefore, an entity with a history of recent losses recognises a deferred tax

  asset arising from unused tax losses or tax credits only to the extent that: [IAS 12.35]

  • it has sufficient taxable temporary differences; or

  • there is other convincing evidence that sufficient taxable profit will be

  available against which the unused tax losses or unused tax credits can be

  utilised by the entity.

  In May 2014, the Interpretations Committee conf
irmed that the consideration of

  available reversing taxable temporary differences is made independently of the

  assessment of an entity’s expectations of future tax losses. Accordingly, a deferred tax

  asset is recognised for the carryforward of unused tax losses to the extent of the existing

  taxable temporary differences, of an appropriate type, that reverse in an appropriate

  period. The reversal of those taxable temporary differences enables the utilisation of

  the unused tax losses and justifies the recognition of deferred tax assets.16

  In addition to the question noted above, the Interpretations Committee was asked to

  clarify how the guidance in IAS 12 is applied when tax laws limit the extent to which tax

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  losses brought forward can be recovered against future taxable profits. In the tax systems

  considered for this issue, the amount of tax losses brought forward that can be recovered

  in each tax year is limited to a specified percentage of the taxable profits of that year.

  In these circumstances, the Committee noted that the amount of deferred tax assets

  recognised from unused tax losses as a result of suitable existing taxable temporary

  differences should be restricted as specified by the tax law. This is because when the

  suitable taxable temporary differences reverse, the amount of tax losses that can be

  utilised by that reversal is reduced as specified by the tax law. Also, the Committee

  noted that in this case future tax losses are not considered.17

  Consequently, the availability of future taxable profits is only required to be considered

  if the unused tax losses exceed the amount of suitable existing taxable temporary

  differences (after taking into account any restrictions). The Interpretations Committee

  also confirmed in May 2014 that an additional deferred tax asset is recognised only if

  the following requirements are met:18 [IAS 12.36]

  • the entity has sufficient taxable temporary differences relating to the same taxation

 

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