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

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  carrying amount nor the tax base of the asset has changed. However, this determination

  can have unwanted consequences as the debt instrument is later revalued and realised,

  in particular with respect to variability in the effective tax rate reported in both profit

  or loss and in other comprehensive income.

  10.5 Gain/loss in profit or loss and loss/gain outside profit or loss

  offset for tax purposes

  It often happens that a gain or loss accounted for in profit or loss can be offset for tax

  purposes against a gain or loss accounted for in other comprehensive income (or an

  increase or decrease in equity). This raises the question of how the tax effects of such

  transactions should be accounted for, as illustrated by Example 29.43 below.

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  taxes

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  Example 29.43: Loss in other comprehensive income and gain in profit or loss

  offset for tax purposes

  During the year ended 31 December 2019, an entity that pays tax at 35% makes a taxable profit of

  €50,000 comprising:

  • €80,000 trading profit less finance costs accounted for in profit or loss; and

  • €30,000 foreign exchange losses accounted for in other comprehensive income (‘OCI’).

  Should the total tax liability of €17,500 (35% of €50,000) be presented as either:

  (a) a charge of €17,500 in profit or loss; or

  (b) a charge of €28,000 (35% of €80,000) in profit or loss and a credit of €10,500 (35% of €30,000) in OCI?

  In our view, (b) is the appropriate treatment, since the amount accounted for in OCI

  represents the difference between the tax that would have been paid absent the

  exchange loss accounted for in OCI and the amount actually payable. This indicates

  that this is the amount that, in the words of paragraph 61A of IAS 12, ‘relates to’ items

  that are recognised outside profit or loss.

  Similar issues may arise where a transaction accounted for outside profit or loss

  generates a suitable taxable profit that allows recognition of a previously unrecognised

  tax asset relating to a transaction previously accounted for in profit or loss, as illustrated

  by Example 29.44 below.

  Example 29.44: Recognition of deferred tax asset in profit or loss on the basis of

  tax liability accounted for outside profit or loss

  An entity that pays tax at 30% has brought forward unrecognised deferred tax assets (with an indefinite life)

  totalling £1 million, relating to trading losses accounted for in profit or loss in prior periods. On 1 January 2019

  it invests £100,000 in government bonds, which it holds until they are redeemed for the same amount on maturity

  on 31 December 2022. For tax purposes, any gain made by the entity on disposal of the bonds can be offset

  against the brought forward tax losses. The tax base of the bonds remains £100,000 at all times.

  The entity elects to account for the bonds as fair value through other comprehensive income and therefore

  carries them at fair value in the statement of financial position and amortised cost information is presented

  in profit or loss (see Chapter 46 at 2.3). Over the period to maturity the fair value of the bonds at the end of

  each reporting period (31 December) is as follows:

  Fair value

  Amortised cost

  Movement in OCI

  £000

  £000

  £000

  2019 111

  101

  10

  2020 117

  102

  15

  2021 122

  102

  20

  2022 100

  100

  –

  Under IFRS 9 the movements in fair value in excess of the amounts recognised in profit or loss (excluding any

  amounts received in cash, e.g. the coupon on a bond) would be accounted for in other comprehensive income

  (‘OCI’) – see Chapter 46 at 2.3. Taken in isolation, the valuation gains recorded in OCI in 2019 to 2021 would

  give rise to a deferred tax liability (at 30%) of £3,000 (2019), £4,500 (2020) and £6,000 (2021). However, these

  liabilities arise from taxable temporary differences that can be offset against the losses brought forward (see 7.4

  above), and accordingly the (equal and opposite) deferred tax liability and deferred tax asset are offset in the

  statement of financial position (see 13.1.1 below). This raises the question as to whether there should be either:

  (a) no tax charge or credit in either profit or loss or OCI in any of the periods affected; or

  (b) in each period, a deferred tax charge in OCI (in respect of the taxable temporary difference arising from

  valuation gains on the bonds) and deferred tax income in profit or loss (representing the recognition of

  the previously unrecognised deferred tax asset).

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  In our view, the treatment in (b) should be followed. The fact that no deferred tax is presented in the statement

  of financial position arises from the offset of a deferred tax asset and deferred tax liability – it does not imply

  that there is no deferred tax. Moreover, although the recognition of the deferred tax asset is possible only as

  the result of the recognition of a deferred tax liability arising from a transaction accounted for in OCI, the

  asset itself relates to a trading loss previously accounted for in profit or loss. Accordingly, the deferred tax

  credit arising from the recognition of the asset is properly accounted for in profit or loss.

  10.6 Discontinued

  operations

  IAS 12 does not explicitly address the allocation of income tax charges and credits

  between continuing and discontinued operations. However, that some allocation is

  required is implicit in the requirement of paragraph 33(b)(ii) of IFRS 5 to disclose how

  much of the single figure post-tax profit or loss of discontinued operations disclosed in

  the statement of comprehensive income is comprised of ‘the related income tax expense’

  (see Chapter 4). [IFRS 5.33(b)(ii)]. In our view, the provisions of IAS 12 for the allocation of

  tax income and expense between profit or loss, other comprehensive income and equity

  also form a basis for allocating tax income and expense between continuing and

  discontinued operations, as illustrated by Examples 29.45 to 29.47 below.

  Example 29.45: Profit in continuing operations and loss in discontinued

  operations offset for tax purposes

  Entity A, which pays tax at 25%, has identified an operation as discontinued for the purposes of IFRS 5. During

  the period the discontinued operation incurred a loss of £2 million and the continuing operations made a profit

  of £10 million. The net £8 million profit is fully taxable in the period, and there is no deferred tax income or

  expense. In our view, the tax expense should be allocated as follows:

  £m

  £m

  Current tax expense (continuing operations)1

  2.5

  Current tax income (discontinued operation)2

  0.5

  Current tax liability3 2.0

  1

  Continuing operations profit £10m @ 25% = £2.5m

  2

  Discontinued operations loss £2m @ 25% = £0.5m.

  3

  Net taxable profit £8m @ 25% = £2.0m

  The tax allocated to the discontinued operation represents the difference between the tax that would have

  been paid absent the loss accounted for in discontinued operations and the amount actually payable.

/>   Example 29.46: Taxable profit on disposal of discontinued operation reduced by

  previously unrecognised tax losses

  Entity B disposes of a discontinued operation during the current accounting period. The disposal gives rise to a

  charge to tax of €4 million. However, this is reduced to zero by offset against brought forward tax losses, which

  relate to the continuing operations of the entity, and for which no deferred tax asset has previously been recognised.

  In our view, even though there is no overall tax expense, this should be reflected for financial reporting

  purposes as follows:

  €m

  €m

  Current tax expense (discontinued operation)

  4.0

  Current tax income (continuing operations)

  4.0

  This allocation reflects that fact that, although the transaction that allows recognition of the brought forward tax

  losses is accounted for as a discontinued operation, the losses themselves arose from continuing operations. This

  is essentially the same analysis as is used in Example 29.44 above (where a deferred tax liability recognised in

  other comprehensive income gives rise to an equal deferred tax asset recognised in profit or loss).

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  Example 29.47: Taxable profit on disposal of discontinued operation reduced by

  previously recognised tax losses

  Entity B disposes of a discontinued operation during the current accounting period. The disposal gives rise to a

  charge to tax of €4 million. However, this is reduced to zero by offset against brought forward tax losses, which

  relate to the entity’s continuing operations, and for which a deferred tax asset has previously been recognised.

  In our view, even though there is no overall tax expense, this should be reflected for financial reporting

  purposes as follows:

  €m

  €m

  Current tax expense (discontinued operation)

  4.0

  Deferred tax expense (continuing operations)

  4.0

  Current tax income (continuing operations)

  4.0

  Deferred tax asset (statement of financial position)

  4.0

  This allocation reflects that fact that, although the transaction that allows realisation of the brought forward

  tax losses is accounted for as a discontinued operation, the losses themselves arose from continuing

  operations. This is essentially the same analysis as is used in Example 29.46 above.

  10.7 Defined benefit pension plans

  IAS 19 requires an entity, in accounting for a defined benefit post-employment benefit

  plan, to recognise actuarial gains and losses relating to the plan in full in other

  comprehensive income (‘OCI’). At the same time, a calculated current (and, where

  applicable, past) service cost and net interest on the net defined benefit liability or asset

  are recognised in profit or loss – see Chapter 31 at 10.

  In many jurisdictions, tax deductions for post-employment benefits are given on the basis

  of cash contributions paid to the plan fund (or benefits paid when a plan is unfunded).

  This significant difference between the way in which defined plans are treated for tax and

  financial reporting purposes can make the allocation of tax deductions for them between

  profit or loss and OCI somewhat arbitrary, as illustrated by Example 29.48 below.

  Example 29.48: Tax deductions for defined benefit pension plans

  At 1 January 2019 an entity that pays tax at 40% has a fully-funded defined benefit pension scheme. During

  the year ended 31 December 2019 it records a total cost of €1 million, of which €800,000 is allocated to

  profit or loss and €200,000 to other comprehensive income (‘OCI’). In January 2020 it makes a funding

  payment of €400,000, a tax deduction for which is received through the current tax charge for the year ended

  31 December 2020.

  Assuming that the entity is able to recognise a deferred tax asset for the entire €1 million charged in 2019, it

  will record the following entry for income taxes in 2019.

  €

  €

  Deferred tax asset [€1,000,000 @ 40%]

  400,000

  Deferred tax income (profit or loss) [€800,000 @ 40%]

  320,000

  Deferred tax income (OCI) [€200,000 @ 40%]

  80,000

  When the funding payment is made in January 2020, the accounting deficit on the

  fund is reduced by €400,000. This gives rise to deferred tax expense of €160,000

  (€400,000 @ 40%), as some of the deferred tax asset as at 31 December 2019 is

  released, and current tax income of €160,000 is recorded. The difficulty is how to

  allocate this movement in the deferred tax asset between profit or loss and OCI, as it

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  is ultimately a matter of arbitrary allocation as to whether the funding payment is

  regarded as making good (for example):

  • €400,000 of the €800,000 deficit previously accounted for in profit or loss;

  • the whole of the €200,000 of the deficit previously accounted for in OCI and

  €200,000 of the €800,000 deficit previously accounted for in profit or loss; or

  • a pro-rata share of those parts of the total deficit accounted for in profit or loss

  and OCI.

  In the example above, the split is of relatively minor significance, since the entity was

  able to recognise 100% of the potential deferred tax asset associated with the pension

  liability. This means that, as the scheme is funded, there will be an equal and opposite

  amount of current tax income and deferred tax expense. The only real issue is therefore

  one of presentation, namely whether the gross items comprising this net nil charge are

  disclosed within the tax charge in profit or loss or in OCI.

  In other cases, however, there might be an amount of net tax income or expense that needs

  to be allocated. Suppose that, as above, the entity recorded a pension cost of €1 million

  in 2019 but determined that the related deferred tax asset did not meet the criteria for

  recognition under IAS 12. In 2020, the entity determines that an asset of €50,000 can be

  recognised in view of the funding payments and taxable profits anticipated in 2020 and later

  years. This results in a total tax credit of €210,000 (€160,000 current tax, €50,000 deferred

  tax) in 2020, raising the question of whether it should be allocated to profit or loss, to OCI,

  or allocated on a pro-rata basis. This question might also arise if, as the result of newly

  enacted tax rates, the existing deferred tax balance were required to be remeasured.

  In our view, these are instances of the exceptional circumstances envisaged by IAS 12

  when a strict allocation of tax between profit or loss and OCI is not possible (see 10

  above). Accordingly, any reasonable method of allocation may be used, provided that it

  is applied on a consistent basis.

  One approach might be to compare the funding payments made to the scheme in the

  previous few years with the charges made to profit or loss under IAS 19 in those periods.

  If, for example, it is found that the payments were equal to or greater than the charges to

  profit or loss, it might reasonably be concluded that the funding payments have ‘covered’

  the charge recognised in profit or loss, so that any surplus or deficit on the statement of

  financial position is broadly represen
ted by items that have been accounted for in OCI.

  However, a surplus may also arise from funding the scheme to an amount greater than

  the liability recognised under IAS 19 (for example under a minimum funding

  requirement imposed by local legislation or agreed with the pension fund trustees). In

  this case, the asset does not result from previously recognised income but from a

  reduction in another asset (i.e. cash). The entity should assess the expected manner of

  recovery of any asset implied by the accounting treatment of the surplus – i.e. whether

  it has been recognised on the basis that it will be ‘consumed’ (resulting in an accounting

  expense) or refunded to the entity in due course. The accounting treatment of refunds

  is discussed further in Chapter 31, and at 10.7.1 below.

  The entity will account for the tax consequences of the expected manner of recovery

  implied by the accounting treatment. Where it is concluded that the asset will be ‘consumed’

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  (resulting in accounting expense), the entity will need to determine whether such an

  expense is likely to be recognised in profit or loss or in OCI in a future period.

  10.7.1

  Tax on refund of pension surplus

  In some jurisdictions, a pension fund may be permitted or required to make a refund to

  the sponsoring employee of any surplus in the fund not required to settle the known or

  anticipated liabilities of the fund. It may be that such a refund is subject to tax. IFRIC 14

  – IAS 19 – The Limit on a Defined Benefit Asset, Minimum Funding Requirements and

  their Interaction – requires any asset recorded in respect of such a refund to be shown

  net of any tax other than an income tax (see Chapter 31). In determining whether such

  a tax is an income tax of the entity, the general principles at 4.1 above should be applied.

  Relevant factors may include:

  • whether tax is levied on the pension fund or the sponsoring entity; and

  • whether tax is levied on the gross amount of the refund in all cases, or has regard

  to the sponsoring entity’s other taxable income, or the amount of tax deductions

 

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