SUB REGIONAL CONFERENCE & 19th ANNUAL CONFERENCE of HUBLI BRANCH Deferred Taxation AS 22 and Latest Developments K.GURURAJ ACHARYA CHARTERED ACCOUNTANT TELEFAX: (080) 2336 1800 acharyaguru@yahoo.com AS 22 Accounting for Taxes on Income ICAI Statements Standards Guidance Notes (Mandatory) (Recommendatory) Accounting Standards ( 29 + 1 ) A S I (29) {7 of AS 22} Auditing & Assurance Standards (SAP) ( 32 + 2 ) General Clarification (18) K.G.Acharya & Co., Chartered Accountants 2 of 36 AS 22 Accounting for Taxes on Income Accounting Standards u/s.211(3c) (wef 31.10.1998) Accounting Standard means the standard of accounting: Recommended by ICAI and Prescribed by Government in Consultation with the NACAS constituted u/s 210A(1) of the Companies Act, 1956. K.G.Acharya & Co., Chartered Accountants 3 of 36 AS 22 Accounting for Taxes on Income Deviation from AS 4.(d) In our opinion, the Balance Sheet, P&L Account and the Cash Flow Statement dealt with by this report comply with the AS referred to in Sec. 211(3C) of the Companies Act, 1956 subject to the following observations: Certain Transactions are accounted on cash basis vide significant policy No. 2. Further contract works / certain consultancy works undertaken by the company are not accounted on accrual basis vide note 11 on the accounts. The extent of impact on accounts is not ascertained. Accounting Policy No. 13(b) is not in accordance with AS 10 on Fixed Assets. Certain transaction accounted under this policy has the effect of overstating value of Fixed Assets, Depreciation and profit by Rs. 2.05 Crores, Rs. 0.16 Crores and Rs. 1.89 Crores respectively K.G.Acharya & Co., Chartered Accountants 4 of 36 AS 22 Accounting for Taxes on Income Level - I Level - II Level - III Listed/Proposed to be listed Cos Banks, FIs, Insurance Cos Enterprises with > 50 crores Turnover in preceding year > 10 crores borrowings at any time during the year Holding & subsidiary Cos of above. Enterprises with > 40 Lacs but < 50 crores Turnover. > 1 crore but < 10 crores borrowings Holding & subsidiary cos of above. Other than Level - I & Level - II cases w.e.f 17-Sep-2003 K.G.Acharya & Co., Chartered Accountants 5 of 36 AS 22 Accounting for Taxes on Income Applicability of AS 22 (For All Levels - I / II/ III) Companies listed and in the 01.04.2001 process of listing in India including Group companies. In respect of other companies not 01.04.2002 covered above. In respect of all other enterprises. 01.04.2004 01.04.2006 K.G.Acharya & Co., Chartered Accountants 6 of 36 AS 22 Accounting for Taxes on Income “Deferred Tax” Deferred Taxes are ‘Income Tax’ which arise in one period but because of Timing Difference will have to be actually paid in later years. K.G.Acharya & Co., Chartered Accountants 7 of 36 AS 22 Accounting for Taxes on Income Timing differences -TD- Differences between TI and AI for a period that originate in one period and are capable of reversal in one or more subsequent periods. Permanent differences -PD- are the differences between TI and AI for a period that originate in one period and do not reverse subsequently. K.G.Acharya & Co., Chartered Accountants 8 of 36 AS 22 Accounting for Taxes on Income “Deferred Tax ” Taxable Income Accounting Income As per P&L A/c Rs. 100 cr Current Tax (applicable rate/law) Tax Expense As per IT Return Rs. 70 cr Timing Difference Rs. 20 cr Permanent Difference Deferred Tax (substantively enacted rates /law) Average rate ? No Tax effect Rs. 10 cr K.G.Acharya & Co., Chartered Accountants 9 of 36 AS 22 Accounting for Taxes on Income “Deferred Tax ” Accounting Income As per P&L A/c Rs. 80 cr Taxable Income As per IT Return Current Tax Rs. 90 cr or Timing Difference DTA Prudence Rs. 20 cr (DTL) Reversal or DTA Permanent Difference No Tax effect Rs. 10 cr K.G.Acharya & Co., Chartered Accountants 10 of 36 AS 22 Accounting for Taxes on Income Computation of DT STI AI +/- PD +/- TD TI CT = IT on TI (Applicable tax rates/laws) DT = IT on (+\- TD)(Latest known tax rates/laws) TE = CT – DT (MAT - CT) is to be finally added to TE as a special case K.G.Acharya & Co., Chartered Accountants 11 of 36 AS 22 Accounting for Taxes on Income Case Study -1 As as 31st March PBT - AI Add: Depreciation - A/c's Less: Depreciation - IT Total Income - TI TD-being Depn differential CT -30% of IT DT-30% of TD Tax Exp.(CT-DT) TE= IT on (AI+/-PD) 1 100 20 30 90 -10 Computer Pur. value (Rs. In Crores) 50 2 3 4 100 100 100 12 7 4 12 5 2 100 102 102 0 2 2 27 30 -3 0 30 30 30 30 31 1 30 30 Depreciation Rate Tax Rate Co's Act IT Act 40% 60% 30% 5 6 7 8 9 10 100 100 100 100 100 100 1000 3 2 1 1 0 0 50 1 0 0 0 0 0 50 102 101 101 101 100 100 1000 2 1 1 1 0 0 0 31 31 30 1 1 0 30 30 30 30 30 30 K.G.Acharya & Co., Chartered Accountants 30 0 30 30 30 0 30 30 30 0 30 30 30 300 0 0 30 300 30 300 12 of 36 AS 22 Accounting for Taxes on Income As as 31st March 1 PBT - AI 100 Add: Depreciation - A/c's 20 43B disallowance 5 40A(3) disallowance 10 Less: Depreciation - IT 30 43B disallowance 0 Sec.10 exemption 20 Total Income - TI 85 TD -5 (Rs. In Crores) Co's Act IT Act 50 40% 60% 2 3 4 5 6 7 100 100 100 100 100 100 12 7 4 3 2 1 0 7 0 0 0 9 11 12 13 14 15 16 12 5 2 1 0 0 5 0 0 7 0 0 20 20 20 20 20 20 86 101 95 89 96 106 -5 9 2 -5 1 10 8 100 1 0 17 0 0 20 98 1 30% 9 100 0 0 18 0 9 20 89 -9 10 100 1000 0 50 0 21 19 0 50 0 21 20 99 1000 0 0 CT -IT on TI DT-30% of TD Tax Exp.(CT-DT) 26 -2 27 26 -2 27 30 3 28 29 1 28 27 -2 28 29 0 29 32 3 29 29 0 29 27 -3 29 30 0 30 283 0 284 TE= IT on (AI+/-PD) AI+/- PD 27 90 27 91 28 92 28 93 28 94 29 95 29 96 29 97 29 98 30 99 284 945 K.G.Acharya & Co., Chartered Accountants 13 of 36 AS 22 Accounting for Taxes on Income Case Study - No. 3 ABCL reported Accounting income of Rs. 9 Crores for FY 2004-05. The following data are provided: Sales tax not paid until filing of Return of Income Income from exempted Govt. Bonds Depreciation as per Books of Accounts Depreciation as per Income Tax Act Disallowance U/s. 40A(3) (Rs. In Crores) CT DT 3.00 2.00 5.00 10.00 1.00 + + + TD PD }Difference }is TD PD Compute: 1. CT IT on TI TI = 2. DT IT on +/- TD 3. TE CT - DT TD = (9+3-2+5-10+1) = 6 CT = 35% of 6 = 2.10 [(3+(5-10)] = -2 DTL = 30% of -2 = - 0.60 2.10 - (-0.60) or 2.10 + 0.60 = 2.70 K.G.Acharya & Co., Chartered Accountants 14 of 36 AS 22 Accounting for Taxes on Income AS - 22 - Taxes on Income CASE STUDY -4 Computation of Deferred Tax Deferred Tax Liability for earlier years Deferred Tax Liability for the current year 31.3.2005 31.3.2004 (Amt in Rs.) 2393768 372917 2766685 1590784 802984 2393768 TD Liability: DT @ DT @ Relating to fixed asset: 31.3.2005 33.66% 31.3.2004 35.875% WDV as per Companies Act 29849597 20063103 WDV as per Income Tax. Act 21630092 13390579 8219505 6672524 K.G.Acharya & Co., Chartered Accountants 15 of 36 AS 22 Accounting for Taxes on Income DTA v/s DTL Accounting Income > Taxable Income Create DTL Accounting Income < Taxable Income Reversal of DTL or Creation of DTA s.t PRUDENCE Accounting Income = Taxable Income Neither DTA nor DTL Accounting Loss = Taxable Loss Create DTA subject to PRUDENCE K.G.Acharya & Co., Chartered Accountants 16 of 36 AS 22 Accounting for Taxes on Income Scope of AS 22 Taxes on income include all domestic and foreign taxes, which are based on taxable income Does not cover Dividend Distribution Tax. K.G.Acharya & Co., Chartered Accountants 17 of 36 AS 22 Accounting for Taxes on Income Recognition of Deferred Tax Asset Consideration of PRUDENCE is a must while recognizing DTA DTA Arising due to Basis of Recognition Unabsorbed Business Virtual Certainty (Judgment) & & Depreciation Loss Convincing Evidence (Fact) ASI 9 Other than above Reasonable Certainty K.G.Acharya & Co., Chartered Accountants 18 of 36 AS 22 Accounting for Taxes on Income Re-Assessment v/s Review Re-Assessment (Right) Relates to DTA Previously unrecognized Review (Duty) Relates to DTA Previously recognized Not a prior period item as per AS-5 unless it was a mistake AS 22 does not mention review or re-assessment of DTL K.G.Acharya & Co., Chartered Accountants 19 of 36 AS 22 Accounting for Taxes on Income Transitional Provisions On the first occasion, the enterprise should recognize, the deferred tax balance that has accumulated prior to adoption of this statement as DTA/DTL with the corresponding credit/charge to the revenue reserves. Non Corporate Entities : Capital Account K.G.Acharya & Co., Chartered Accountants 20 of 36 AS 22 Accounting for Taxes on Income Presentation of DT Balance Sheet (ASI-7) Share capital Reserves Secured loans Unsecured loans Deferred tax liability Total Fixed assets Investments Deferred tax asset Net Current Assets Total PROFIT AND LOSS ACCOUNT I. INCOME Gross Sales Less: Excise Duty Net Sales Other Income TOTAL - I II. EXPENDITURE Material Cost Employees' Remuneration & Benefits Manufacturing Expenses Repairs & Maintenance Selling, General & Administration Expenses Interest Depreciation TOTAL - II III. PROFIT BEFORE TAX (I-II) IV. Provision for Current Taxation Provision for Deferred Tax Provision for Fringe Benefit Tax V. Profit after Tax (III - IV) K.G.Acharya & Co., Chartered Accountants 21 of 36 AS 22 Accounting for Taxes on Income Disclosure Break-up of major components of DTA / DTL to be disclosed. DTA and DTL to be set off if permissible under tax laws but to be shown separately otherwise. Evidence supporting the recognition of DTA to be disclosed, if an enterprise has Unabsorbed Depreciation / Tax Losses to be carried forward. K.G.Acharya & Co., Chartered Accountants 22 of 36 AS 22 Accounting for Taxes on Income Presentation of CT - Para 27 An Enterprise should offset assets and liabilities representing current tax if the enterprise: a) has a legally enforceable right to set off the recognized amounts; and b) intends to settle the asset and the liability on a net basis K.G.Acharya & Co., Chartered Accountants 23 of 36 Accounting Standard 22 Accounting for Taxes on Income ISSUES & LATEST DEVLOPMENTS AS 22 Accounting for Taxes on Income Timing Difference – Ex.. Difference in net block of fixed assets between tax and accounts Difference in Depreciation due to Different rates / methods Pro rata treatment Vs. 180 days (in I year) Exchange fluctuation of FC liability incurred for FA purchase. - As-11(R) Vs. Sch.VI Vs. S. 43A Up to Rs. 5000 assets write off under Companies Act Impairment Loss as per AS-28 Sale Proceeds Cr. to Block of Asset as per IT Act Vs. Profit / Loss on sale of FA’s recognised in P&L A/c Purchase of Scientific Research Assets [35(2)] K.G.Acharya & Co., Chartered Accountants 25 of 36 AS 22 Accounting for Taxes on Income Timing Difference – Ex…. Expenses Dr. to P & L A/c on accrual basis but allowed on actual payment. Payments made without TDS, but disallowed for tax purposes u/s 40(a)(i) / (ia) and allowed when relevant tax is deducted & paid subsequently Expenditure U/s 43B of Income Tax Act Provision for Gratuity u/s 40A(7) Provisions made in the P&L A/c in anticipation of liabilities – allowed when liabilities crystallize K.G.Acharya & Co., Chartered Accountants 26 of 36 AS 22 Accounting for Taxes on Income Timing Difference – Ex.. Provision for doubtful debts / advance Provision for warranties Preliminary expenses written off fully when incurred (U/s 35D) Expenses amortized in books of Accounts over a period of years but a shorter or longer period is allowable for tax purposes K.G.Acharya & Co., Chartered Accountants 27 of 36 AS 22 Accounting for Taxes on Income Permanent Difference – Ex... Amortization of goodwill considered as disallowable expense Personal expenditure disallowed by tax authorities Penalty (Not being compensatory) Payments disallowed U/s 40(A)(3) Donations disallowed U/s 80G Remuneration to partners disallowed U/s 40(b) Scientific research expenditure.(only weighted element) Exemptions u/s 10/10A/10B Deductions U/s 80IA / IB / IC Financial Lease - Circular No. 2 (dtd. 9th Feb 2001 – post AS 19 tax position) Additional Depreciation on Revaluation K.G.Acharya & Co., Chartered Accountants 28 of 36 AS 22 Accounting for Taxes on Income Financial Implication of Deferred Tax: (1) Effect of Deferred tax on Income Tax (2) Effect on Current Ratio (3) Affects Net Worth – Thereby affecting - Limits under Companies Acceptance of Deposits Rules - Eligibility to make investments - Determination of Sickness for BIFR purposes (4) Affects Debt -Equity Ratio and TOL / TNW (Double edged sword) K.G.Acharya & Co., Chartered Accountants 29 of 36 AS 22 Accounting for Taxes on Income (6) Affects Net Profit Ratio (PAT/Net Sales) (7) Affects EPS (8) Affects Dividend declaration - No specific reference in the Company Law on DT. (PBT loss V PAT Profit position – Impact on dividend and Audit report) (9) Affects Capital Adequacy Norms in case of banks (Tier-I & Tier-II Capital) - Capital to Risk Weighted Assets Ratio (CRAR) K.G.Acharya & Co., Chartered Accountants 30 of 36 AS 22 Accounting for Taxes on Income Issues relating to DTA / DTL: (1) Accounting for Taxes on Income in case of an Amalgamation as per AS-14 (ASI 11) (2) Is it OK not to recognize DTL on the ground that the enterprise intends to carry out a major capital expansion programme in near future? (3) Is it OK not to recognize DTL on the ground that the company expects that there will be losses both for accounting and tax purposes in near future? K.G.Acharya & Co., Chartered Accountants 31 of 36 AS 22 Accounting for Taxes on Income Issues relating to DTA / DTL: (4) Accounting for Taxes on Income in Interim Financial Reports as per AS-25 (5) Accounting for Taxes on Income in Consolidated Financial Statements as per AS21 ASI 26 : Total TE = TE in Parent Co + TE in Subsidiary Co. GC 18/2002 : DT in CFS = simple aggregation of DT balances across the group K.G.Acharya & Co., Chartered Accountants 32 of 36 AS 22 Accounting for Taxes on Income Issues relating to DTA / DTL: (6) ASI 3: Accounting for Taxes on Income in the situations of Tax Holiday U/S 80-IA and 80-IB of the Income-tax Act, 1961 (7) ASI 5: Accounting for Taxes on Income in the situation of Tax Holiday U/S 10A and 10B of the Income-tax Act,1961 (8) ASI 4: Losses under the head Capital Gains (9) ASI 6: Accounting for Taxes on Income in the context of S. 115JB of the Income-tax Act, 1961 – MAT credit – whether Current Tax ? K.G.Acharya & Co., Chartered Accountants 33 of 36 AS 22 Accounting for Taxes on Income Case Study - No. 5 Computation of Curre nt Tax and De fe rre d Tax unde r S.80IA/80IB/80IC Ye ar De pre ciation TD CT De fe rre d Accumulated Tax Books IT @ 30% Tax DTL/DTA Expe nse (a) (b) (c) (d)=(c-b) (e ) (f)=(d*30%) (g) (h)=(e +f) 1 100 375 275 (O) 0 14 14 14 2 100 281 181 (O) 0 54 68 54 3 100 211 111 (O) 0 33 102 33 4 100 158 58 (O) 0 17 119 17 5 100 119 19 (O) 0 6 125 6 6 100 89 (11) (R) 0 0 125 0 7 100 67 (33) (R) 0 0 125 0 8 100 50 (50) (R) 0 0 125 0 9 100 38 (62) (R) 0 0 125 0 10 100 28 (72) (R) 0 0 125 0 11 100 21 (79) (R) 294 (24) 101 270 12 100 16 (84) (R) 295 (25) 76 270 13 100 12 (88) (R) 296 (26) 49 270 14 100 9 (91) (R) 297 (27) 22 270 15 100 7 (93) (R) 298 (28) (6) 270 -3 -10 -15 -19 -22 -69 Note: Deferred Tax, for the first year, is calculated after considering the reversal within 10 years. I.e 275 (229) 46 @ 30% = -69 14 K.G.Acharya & Co., Chartered Accountants 34 of 36 AS 22 Accounting for Taxes on Income AS 22 – Conclusion - Increases transparency – Matching / accrual concept upheld - Tax effect Accounting - ensures that Tax Charge in future accounting periods is not vitiated by Timing Differences - Aligns our AS with global AS - Catch 22 standard - A Tough job for CAs certifying on DT. K.G.Acharya & Co., Chartered Accountants 35 of 36 AS 22 Accounting for Taxes on Income THE BEGINNING K. GURURAJ ACHARYA TELFAX: 080-2336 1800 acharyaguru@yahoo.com K.G.Acharya & Co., Chartered Accountants 36 of 36