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Commission Regulation (EC) No 1725/2003
of 29 September 2003
adopting certain international accounting standards in
accordance with Regulation (EC) No 1606/2002
of the European Parliament and of the Council
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Measurement
46. Current tax liabilities (assets)
for the current and prior periods should be measured at the
amount expected to be paid to (recovered from) the taxation
authorities, using the tax rates (and tax laws) that have been
enacted or substantively enacted by the balance sheet date.
47. Deferred tax assets and
liabilities should be measured at the tax rates that are
expected to apply to the period when the asset is realised or
the liability is settled, based on tax rates (and tax laws)
that have been enacted or substantively enacted by the balance
sheet date.
48. Current and deferred tax
assets and liabilities are usually measured using the tax
rates (and tax laws) that have been enacted. However, in some
jurisdictions, announcements of tax rates (and tax laws) by
the government have the substantive effect of actual enactment,
which may follow the announcement by a period of several
months. In these circumstances, tax assets and liabilities are
measured using the announced tax rate (and tax laws).
49. When different tax rates
apply to different levels of taxable income, deferred tax
assets and liabilities are measured using the average rates
that are expected to apply to the taxable profit (tax loss) of
the periods in which the temporary differences are expected to
reverse.
50. (Deleted)
51. The measurement of
deferred tax liabilities and deferred tax assets should
reflect the tax consequences that would follow from the manner
in which the enterprise expects, at the balance sheet date, to
recover or settle the carrying amount of its assets and
liabilities.
52. In some jurisdictions, the
manner in which an enterprise recovers (settles) the carrying
amount of an asset (liability) may affect either or both of:
(a) the tax rate applicable when
the enterprise recovers (settles) the carrying amount of the
asset (liability); and
(b) the tax base of the asset (liability).
In such cases, an enterprise
measures deferred tax liabilities and deferred tax assets
using the tax rate and the tax base that are consistent with
the expected manner of recovery or settlement.
Example A
An asset has a carrying amount
of 100 and a tax base of 60. A tax rate of 20 % would apply
if the asset were sold and a tax rate of 30 % would apply to
other income.
The enterprise recognises a
deferred tax liability of 8 (40 at 20 %) if it expects to
sell the asset without further use and a deferred tax
liability of 12 (40 at 30 %) if it expects to retain the
asset and recover its carrying amount through use.
Example B
An asset with a cost of 100 and
a carrying amount of 80 is revalued to 150. No equivalent
adjustment is made for tax purposes. Cumulative depreciation
for tax purposes is 30 and the tax rate is 30 %. If the
asset is sold for more than cost, the cumulative tax
depreciation of 30 will be included in taxable income but
sale proceeds in excess of cost will not be taxable.
The tax base of the asset is 70
and there is a taxable temporary difference of 80. If the
enterprise expects to recover the carrying amount by using
the asset, it must generate taxable income of 150, but will
only be able to deduct depreciation of 70. On this basis,
there is a deferred tax liability of 24 (80 at 30 %). If the
enterprise expects to recover the carrying amount by selling
the asset immediately for proceeds of 150, the deferred tax
liability is computed as follows:
| |
Taxable temporary difference |
Tax rate |
Deferred tax liability |
|
Cumulative tax depreciation
Proceeds in excess of cost |
30
50
|
30 %
nil
|
9
—
|
|
Total |
80 |
|
9 |
Note: in accordance with
paragraph 61, the additional deferred tax that arises on the
revaluation is charged directly to equity.
Example C
The facts are as in example B,
except that if the asset is sold for more than cost, the
cumulative tax depreciation will be included in taxable
income (taxed at 30 %) and the sale proceeds will be taxed
at 40 %, after deducting an inflation-adjusted cost of 110.
If the enterprise expects to
recover the carrying amount by using the asset, it must
generate taxable income of 150, but will only be able to
deduct depreciation of 70. On this basis, the tax base is
70, there is a taxable temporary difference of 80 and there
is a deferred tax liability of 24 (80 at 30 %), as in
example B.
If the enterprise expects to recover the carrying amount by
selling the asset immediately for proceeds of 150, the
enterprise will be able to deduct the indexed cost of 110.
The net proceeds of 40 will be taxed at 40 %. In addition,
the cumulative tax depreciation of 30 will be included in
taxable income and taxed at 30 %. On this basis, the tax
base is 80 (110 less 30), there is a taxable temporary
difference of 70 and there is a deferred tax liability of 25
(40 at 40 % plus 30 at 30 %). If the tax base is not
immediately apparent in this example, it may be helpful to
consider the fundamental principle set out in paragraph 10.
Note: in accordance with
paragraph 61, the additional deferred tax that arises on the
revaluation is charged directly to equity.
52A. In some jurisdictions,
income taxes are payable at a higher or lower rate if part or
all of the net profit or retained earnings is paid out as a
dividend to shareholders of the enterprise. In some other
jurisdictions, income taxes may be refundable or payable if
part or all of the net profit or retained earnings is paid out
as a dividend to shareholders of the enterprise. In these
circumstances, current and deferred tax assets and liabilities
are measured at the tax rate applicable to undistributed
profits.
52B. In the circumstances
described in paragraph 52A, the income tax consequences of
dividends are recognised when a liability to pay the dividend
is recognised. The income tax consequences of dividends are
more directly linked to past transactions or events than to
distributions to owners. Therefore, the income tax
consequences of dividends are recognised in net profit or loss
for the period as required by paragraph 58 except to the
extent that the income tax consequences of dividends arise
from the circumstances described in paragraph 58(a) and (b).
Example illustrating paragraphs
52A and 52B
The following example deals
with the measurement of current and deferred tax assets and
liabilities for an enterprise in a jurisdiction where income
taxes are payable at a higher rate on undistributed profits
(50 %) with an amount being refundable when profits are
distributed. The tax rate on distributed profits is 35 %. At
the balance sheet date, 31 December 20X1, the enterprise
does not recognise a liability for dividends proposed or
declared after the balance sheet date. As a result, no
dividends are recognised in the year 20X1. Taxable income
for 20X1 is 100000. The net taxable temporary difference for
the year 20X1 is 40000.
The enterprise recognises a
current tax liability and a current income tax expense of
50000. No asset is recognised for the amount potentially
recoverable as a result of future dividends. The enterprise
also recognises a deferred tax liability and deferred tax
expense of 20000 (40000 at 50 %) representing the income
taxes that the enterprise will pay when it recovers or
settles the carrying amounts of its assets and liabilities
based on the tax rate applicable to undistributed profits.
Subsequently, on 15 March 20X2
the enterprise recognises dividends of 10000 from previous
operating profits as a liability.
On 15 March 20X2, the
enterprise recognises the recovery of income taxes of 1500
(15 % of the dividends recognised as a liability) as a
current tax asset and as a reduction of current income tax
expense for 20X2.
53. Deferred tax assets and
liabilities should not be discounted.
54. The reliable determination of
deferred tax assets and liabilities on a discounted basis
requires detailed scheduling of the timing of the reversal of
each temporary difference. In many cases such scheduling is
impracticable or highly complex. Therefore, it is
inappropriate to require discounting of deferred tax assets
and liabilities. To permit, but not to require, discounting
would result in deferred tax assets and liabilities which
would not be comparable between enterprises. Therefore, this
Standard does not require or permit the discounting of
deferred tax assets and liabilities.
55. Temporary differences are
determined by reference to the carrying amount of an asset or
liability. This applies even where that carrying amount is
itself determined on a discounted basis, for example in the
case of retirement benefit obligations (see IAS 19, employee
benefits).
56. The carrying amount of a
deferred tax asset should be reviewed at each balance sheet
date. An enterprise should reduce the carrying amount of a
deferred tax asset to the extent that it is no longer probable
that sufficient taxable profit will be available to allow the
benefit of part or all of that deferred tax asset to be
utilised. Any such reduction should be reversed to the extent
that it becomes probable that sufficient taxable profit will
be available.
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