Income Taxes and Deferred Taxes

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Presentation transcript:

Income Taxes and Deferred Taxes

Scope of Ind AS 12 Deals with accounting for income taxes Income taxes include All domestic and foreign taxes which are based on taxable profits Taxes, such as withholding taxes, which are payable by a subsidiary, associate or joint venture on distributions to the reporting entity Does not deal with Accounting for government grants Investment tax credits

Example Identify if the following taxes are covered under the scope of Ind AS 12 Tonnage Tax No Withholding Taxes Yes Wealth Tax No Dividend Distribution Tax Yes Investment Tax Credits No

Current and deferred tax

Current and deferred tax Current Tax Tax Consequences that are legal assets or liabilities at the reporting date Deferred Tax Tax Consequences which are expected to become or form part of legal assets or liabilities in a future period

Deferred Tax Accounting B/S Tax B/S Temporary Differences Indian GAAP Financial Statements Profit and Loss A/c Tax Profits Timing Differences Deferred Tax Asset or Liability Tax Return Ind AS Financial Statements Accounting B/S Tax B/S Temporary Differences Deferred Tax Asset or Liability Tax Return

Temporary vs. Timing Difference Financial Statements Tax base B/S appl’n P/L appl’n At 01/01/X5 15 Charge for the year (3) (5) 2 At 31/12/X5 12 10 (4) 1 At 31/12/X6 9 6 3 Revaluation 4 - 13 7

Calculation of DTA and DTL

Step-wise approach to deferred tax Determine the book base Determine the tax base 3. Calculate temporary differences Consider recoverability of DTAs Determine tax rates 4. Identify exceptions Recognise Deferred tax Presentation and offsetting 9. Disclosure

Amount deductible for tax purpose against future economic benefits Tax base of an asset Amount that will be deductible for tax purposes against any taxable economic benefits that will flow to an entity when it recovers the carrying amount of the asset Tax base of non taxable items = Carrying amount Tax Base Amount deductible for tax purpose against future economic benefits =

Amount deductible for tax purposes for that liability in future Tax base of a liability Tax base of a liability is its carrying amount, less any amount that will be deductible for tax purposes in respect of that liability in future periods In case of revenue received in advance, the tax base is its carrying amount less any amount of revenue that will not be taxable in future periods Tax Base Carrying Amounts Amount deductible for tax purposes for that liability in future = -

Temporary differences Temporary differences are differences between the carrying amount of an asset or liability in the balance sheet and its tax base. Temporary differences may be either: Taxable temporary differences: that will result in taxable amounts in determining taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled; or Deductible temporary differences that will result in amounts that are deductible in determining taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled

Temporary differences Carrying Amounts Tax Base = - Asset/liability Carrying amount higher or lower than tax base? Nature of temporary difference Resulting deferred tax Asset Higher Taxable Liability Lower Deductible

Example An entity has an item of PP&E whose cost is fully tax deductible Depreciation under tax rate is higher that that under Ind AS 16 At the balance sheet date PP&E has been depreciated to INR 500,000 for financial reporting Tax WDV is INR300,000 Calculate Tax base, accounting base and temporary differences Accounting Base INR500,000 Tax Base INR300,000 Taxable Temporary Difference INR200,000

Nil (€since €2,000,000 income has already been taxed) Example During the year ended 31 March 2016, an entity received an advance of INR€2,000,000, toward 5 years' rent of an investment property In the balance sheet as at 31 March 2016, INR1,600,000 is carried forward as deferred income. For tax purpose, the entire amount of INR€2 million is taxed on receipt basis Calculate Tax base, accounting base and temporary differences Accounting Base 1,600,000 Tax Base Nil (€since €2,000,000 income has already been taxed) Deductible Temporary Difference

Example An entity recognized land at a cost of INR1,000,000, which was also its fair value at that time. The entity’s policy is to carry land at fair value under Ind AS 16 At year-end, land was revalued to INR 4,000,000 The tax cost base available on sale of the land is its original cost Accounting Base INR4,000,000 Tax Base INR1,000,000 Taxable Temporary Difference INR3,000,000

Example XYZ issued additional shares on 31 March 2016 Costs associated with the issue of equity were INR20,000,000 and recorded directly in equity Under tax laws, deduction can be claimed over five year period from the date of share issue Response Items are not recognized as assets/ liabilities in the financial statements, but may have a tax base resulting in DTA/ DTL Accounting Base` Nil Tax Base INR20,000,000 Deductible Temporary Difference

Temporary Differences Temporary Differences = Difference between carrying amount and its tax base Temporary difference gives rise to: Deferred Tax Asset Probability Test Deferred Tax Liability Except Initial recognition of assets & liabilities Goodwill Initial recognition (DTL) Investments in subs, Associates and JVs

Initial recognition exception Do not recognize temporary differences arising on initial recognition when: It arises from a transaction that is not a business combination; and At the time of the transaction affects neither accounting profit nor taxable profit 'accounting profit' clearly means any item recognised in total comprehensive income, whether recognised in profit or loss or in other comprehensive income.) Limited application – mainly where assets have deemed values under tax laws

Example A company acquired an intangible asset (license) for INR100,000 that has a life of 5 years No tax deductions can be claimed either as licence is amortised or when it expires Trading profits from using the license is taxed at 30% Since tax base is nil, a temporary difference of INR1,00,000 arises. Should DTL be recognized? No deferred tax is recognized on the asset’s initial recognition that arose from a transaction that was not a business combination and did not affect accounting or taxable profit at the time of recognition The reason behind is if the entity acquired the asset in arm’s length transaction, the price would reflect the non deductibility of the asset for tax purposes. Therefore it would not appropriate to recognize a loss on date of purchase

Goodwill Exception Initial recognition of goodwill Recognition of deferred tax prohibited Subsequent treatment of non tax deductible goodwill Do not recognize deferred tax Subsequent treatment of tax-deductible goodwill Recognize deferred tax on temporary differences - Goodwill has a tax base of nil since Taxation authorities do not allow reductions in the carrying amount/amortization of goodwill as a deductible tax expense Cost of goodwill is also not deductible on disposal of the underlying business. Any difference between the carrying amount of goodwill and its tax base of nil is a taxable temporary difference - However, Ind AS 12 does not allow the recognition of the resulting deferred tax liability This is because goodwill is measured as a residual and the recognition of the deferred tax liability would further increase the carrying amount of goodwill Since initial liability is not recognized, subsequent reductions/reversals in deferred tax liability are also not recognized - If reductions in the carrying amount/amortization of goodwill are deductible as tax expense or cost of goodwill is deductible on disposal of the underlying business Goodwill has initial tax base equal to carrying amount. There will not be any temporary difference on the date of initial recognition DTL for taxable temporary differences are recognized to the extent they do not arise from the initial recognition of goodwill.

Investments in subsidiaries, associates and JVs Temporary differences must be considered at the parent & consolidated entity level Temporary differences may arise from: Undistributed profits Changes in FX rates Valuation adjustments to the carrying value of the investment in the parent or impairment of goodwill Temporary differences must be recognized subject to exceptions

Investments in subsidiaries, associates and JVs – DTL Exception Recognize DTL for all taxable temporary differences except when: The parent controls timing of the reversal of the temporary difference (i.e., distributions); and It is probable that the temporary differences will not reverse in the foreseeable future

Investments in Subsidiaries, Associates and JVs – DTA Exception Recognize DTA only to the extent that it is probable that: The temporary difference will reverse in the foreseeable future; and Taxable profit will be available against which the temporary difference can be used

Investments in Subsidiaries, Associates and JVs –Exception As a parent controls dividend policy of its subsidiary, it is able to control the timing of the reversal of temporary differences associated with that investment (including any foreign exchange translation differences) When the parent has determined that undistributed profits of subsidiaries will not be distributed in the foreseeable future the parent does not recognize a deferred tax liability

(taxable)/deductible temporary difference Example On 1 April 2015, entity H acquired 100% of the shares of entity S, whose functional currency is different from that of H, for INR600m. The tax rate in H's tax jurisdiction is 30% and the tax rate in S's tax jurisdiction is 40%. The fair value of the identifiable assets and liabilities (excluding deferred tax assets and liabilities) of S acquired by H is set out in the following table, together with their tax base in S's tax jurisdiction and the resulting temporary differences (all figures in INR millions). Particulars Fair value Tax base (taxable)/deductible temporary difference PP&E 270 155 (115) Accounts receivable 210 - Inventory 174 124 (50) Retirement benefits obligation (30) 30 Accounts Payable (120) Fair value of net assets excluding goodwill 504 369 (135)

Example Fair value of net assets acquired 504 Deferred tax liability: 135 * 40% (54) Fair value of net assets 450 Good will (bal. fig.) 150 Carrying amount 600 No deferred tax is recognized on the goodwill, in accordance with Ind AS 12 requirements At the date of combination, tax base, in H's tax jurisdiction, of H's investment in S is INR600 million. Therefore, in H's jurisdiction, no temporary difference is associated with the investment, either in CFS of H (where the investment is represented by net assets and goodwill of INR600 million), or in its SFS (where the investment is shown as an investment at cost of INR600 million).

Example Consolidated Financial statement: As at year end, H's consolidated financial statements the carrying value of its investment in S is INR645 million, comprising INR Million Carrying amount 600 Retained profit 70 Exchange loss (15) Impairment of goodwill (10) Carrying amount 645 Consolidated Financial statement: Assuming that the tax base in H's jurisdiction remains INR600 million, there is a taxable temporary difference of INR45 million (carrying amount INR645m less tax base INR600m) associated with S in H's CFS. Whether or not any deferred tax is required to be provided for on this difference is determined in accordance principles discussed earlier. Irrespective of whether provision is made for deferred tax, H would be required to make disclosures in respect of this difference .

Example H, an entity taxed at 30% has a subsidiary, which is taxed at 34%. On 15 March 2015, S sells inventory with a cost of INR120,000, giving rise to a taxable profit of INR20,000 and tax at 34% of INR6,800 What would be the treatment in the consolidated financial statement of H as at 31 December 2014, which is the reporting date?

Solution The profit made by S on sale to H would be eliminated Under Ind AS 12, a deferred tax asset would be recognised on the unrealized profit of CU 20,000 based on H’s 30% tax rate, i.e. ,CU 6,000 The accounting entry as at 31 December 2014 being Dr Current Tax (income statement) INR6,800 Cr Current Tax (balance sheet) INR6,800 Dr Deferred Tax (balance sheet) INR6,000 Cr Deferred Tax (income statement) INR6,000

DTA recognition DTA should be recognised to the extent it is probable that taxable profit will be available against which the deductible temporary difference can be utilised Probable is not defined in Ind AS 12 but is interpreted as “more likely than not” Review of carrying amount of a DTA at each reporting date Reassessment of unrecognized DTA at each reporting date Discounting prohibited

General recognition criteria for deductible temporary differences and tax losses Sufficient DTL available relating to same tax authority and same entity in same period yes Recognise DTA no Probable sufficient taxable profit to same tax authority and same entity in period of DTA reversal yes no yes No recognition of DTA Tax planning opportunities available to create taxable profits? no

Presentation and Disclosure An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms: A numerical reconciliation between tax expense (income) and the product of accounting profit multiplied by the applicable tax rate(s) Disclose the basis on which the applicable tax rate (s) is (are) computed A numerical reconciliation between the average effective tax rate and the applicable tax rate, disclosing also the basis on which the applicable tax rate is computed; Disclose tax-related contingencies in accordance with Ind AS 37

Sample : Reconciliation of tax expense

Thank you