National Business Zakat Symposium 2013 Istana Hotel Kuala Lumpur 8 October 2013 MASB Technical Release i-1: Accounting for Zakat on Business Mas Sukmawati Abu Bakar Associate Director, Islamic Research Malaysian Accounting Standards Board (MASB) About MASB Two bodies established under Financial Reporting Act 1997 Malaysian Accounting Standards Board whose functions shall be the determination and issuance of accounting standards for the preparation of financial statements, which are required to be prepared or lodged under any law administered by the Securities Commission, the Central Bank or the Registrar of Companies - Section 7 Financial Reporting Foundation The functions of the Foundation are The Foundation shall be responsible 2 (a) to oversee the carrying out of the functions of the Board under section 7; and (b) to perform any other function as the Minister may prescribe by order published in the Gazette - Section 4(1) (a) to provide its views to the Board on any matter which the Board seeks to undertake or implement in relation to the Board’s functions under section 7; (b) to review the performance of the Board; and (c) for all financing arrangements for the operations of the Board, including approving the budget of the Board - Section 4(2) This slide does not represent MASB's official views MASB composition Members appointed by Minister of Finance Advisors appointed by Minister of Finance 3 MASB Chairman Accountant-General Six others who possess knowledge and experience in the matters of financial accounting and reporting, and in one or more of the fields of accountancy, law, business and finance Bank Negara Malaysia Securities Commission Registrar of Companies Assisted by Working Groups and Secretariat This slide does not represent MASB's official views MASB approved accounting standards Malaysian Financial Reporting Standards (MFRS) Identical to International Financial Reporting Standards (IFRS) Applies to all entities other than private entities Temporary exception: Entities subject to MFRS 141 Agriculture and/or IC Interpretation 15 Agreements for the Construction of Real Estate Financial Reporting Standards (FRS) 4 An entity subject to the application of MFRS 141 Agriculture and / or IC Interpretation 15 Agreements for the Construction of Real Estate may in the alternative apply Financial Reporting Standards (FRSs) as its financial reporting framework for annual periods beginning before 1 January 2014 An entity that consolidates or equity accounts or proportionately consolidates another entity that has chosen to apply FRSs as its financial reporting framework may itself choose to apply FRSs as its financial reporting framework for annual periods beginning before 1 January 2014 This slide does not represent MASB's official views MASB approved accounting standards (cont.) Private Entity Reporting Standards (PERS) 5 A private entity is a private company incorporated under the Companies Act 1965, that is not itself required to prepare or lodge any financial statements under any law administered by the Securities Commission or the Bank Negara Malaysia; and is not a subsidiary or associate of, or jointly controlled by, an entity which is required to prepare or lodge any financial statements under any law administered by the Securities Commission or the Bank Negara Malaysia. Based on pre-2005 MASB standards Discussions on whether framework needs to change This slide does not represent MASB's official views MASB project on Islamic financial reporting MASB Working Group 36: Islamic Financial Reporting From 1997 to 2013 MASB Standing Committee on Islamic Financial Reporting Replaces WG36 Standing Committee assists the Board in 6 Preparing documents relating to Islamic financial reporting for issuance by the Board. Forwarding Islamic financial reporting issues along with their suggested solution(s) either directly to the IASB, or indirectly through the AsianOceanian Standard-setters Group (“AOSSG”) or any other body. Preparing submissions on implementation issues to the Financial Reporting Standards Implementation Committee (“FRSIC”) of the Malaysian Institute of Accountants (“MIA”). Preparing documents on Islamic finance accounting issues and recommendations for the Shariah Advisory Council of Bank Negara Malaysia or Securities Commission Malaysia, when necessary. This slide does not represent MASB's official views MASB Islamic technical pronouncements MASB i-1/FRS i-1 Presentation of Financial Statements of Islamic Financial Institutions (2001) Withdrawn in 2009 Most guidance already in MFRS 101 and MFRS 108 Unique guidance transferred to TR i-3 SOP i-1Financial reporting from an Islamic perspective (2009) 7 Shariah compliant transactions and events shall be accounted for in accordance with MASB approved accounting standards, unless there is a Shariah prohibition. This slide does not represent MASB's official views MASB Islamic technical pronouncements (cont.) Technical Releases – complements Standards TR i-1 Accounting for zakat on business (2006) TR i-2 Ijarah (2006) TR i-3 Presentation of financial statements of Islamic financial institutions (2009) TR i-4 Shariah compliant sale contracts (2010) From 2011, MASB no longer issues pronouncements to provide additional guidance on Islamic financial transactions 8 Avoid impression that MASB issues local interpretations Address issues directly to IASB Discuss Islamic financial reporting through other avenues This slide does not represent MASB's official views Other MASB work on Islamic finance MASB Discussion Papers DP i-1 Takaful (2011) DP i-2 Sukuk (2011) DP i-3 Profit-sharing contracts (2011) Feedback Statement to DP i-1, DP i-2 and DP i-3 (2012) Asian-Oceanian Standard Setters Group Research Paper Surveys Comment letters to IASB IASB Advisory Group on Shariah Compliant Transactions MASB Projects-in-progress 9 Waqf Islamic derivatives & hedging This slide does not represent MASB's official views TR i-1 Accounting for Zakat on Business Developed by MASB WG36 A technical release is not an MASB approved accounting standard Issues discussed 10 Recognition: Is zakat an item of expense or a distribution of equity? Measurement: How is the amount of zakat payable calculated? Presentation:Where should it be presented in the financial statements? Disclosure:What should be disclosed about business zakat? This slide does not represent MASB's official views TR i-1 contents Introduction Para 1: Objective. To prescribe accounting treatment and presentation of zakat on business. Para 2: Scope. Accounting for and presentation of zakat on business in the financial statements of entities that pay zakat Discussed in slides on Para 3-5: Recognition Recognition, Para 6-14: Assessment of Zakat Measurement, Para 15: Presentation Presentation and Para 16-17: Disclosure Disclosure Para 18: Transitional provision. Prospective application. Para 19: Effective date. Annual periods beginning on or after 1 July 2006. Appendix A: Explanations of terms used Basis for conclusions 11 This slide does not represent MASB's official views Recognition Is business zakat an obligation of the company (legal entity) or the shareholders (natural persons)? Determines whether zakat is an expense of the entity or a distribution of shareholders’ equity In Malaysia, a legal entity may be an entity subject to zakat Requirement: 12 Paragraph 4 - The amount of zakat assessed shall be recognised as an expense in the period in which it is incurred. This slide does not represent MASB's official views Measurement Federal Constitution Ninth Schedule, State List gives States legislative power on …Zakat, Fitrah and Baitulmal or similar Islamic religious revenue… Article 76(1) - Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say: (a) for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member; or (b) for the purpose of promoting uniformity of the laws of two or more States; or (c) if so requested by the Legislative Assembly of any State. MASB is not Parliament – limited to functions in Article 7, Financial Reporting Act 13 This slide does not represent MASB's official views Measurement (cont.) Board conclusion BC16 - … Thus, the Board decided that TR i-1 shall deal only with financial reporting issues related to zakat on business. Requirements: 14 Paragraph 13 – The method used for the determination of zakat base shall be applied consistently from one period to another. Paragraph 14 - An entity shall measure zakat assets and liabilities on the same measurement basis as used in the preparation of the financial statements. This slide does not represent MASB's official views Presentation Requirement: Paragraph 15 - The amount of zakat assessed for the current period shall be presented as a line item on the face of the income statement. BC9 - When an entity pays zakat on business, the amount of zakat is recognised as an expense and included as a deduction from net income in the income statement of the entity. Above or below “the line”? 15 In practice, entities draw a parallel between zakat and tax expense. This slide does not represent MASB's official views Example presentation on income statement 16 This slide does not represent MASB's official views Disclosure Requirement: Paragraph 16 - An entity shall disclose in the notes accompanying the financial statements the following: Paragraph 17 - Components of zakat may include: 17 (a) method used in the determination of zakat base (b) its responsibility towards payment of zakat on business; and (c) major components of zakat (a) current zakat expense (b) zakat payment (c) zakat liability (d) any adjustments recognised in the period for zakat of prior periods This slide does not represent MASB's official views Example disclosures of significant accounting policies 18 This slide does not represent MASB's official views Example disclosures on zakat liability 19 This slide does not represent MASB's official views Other: Report of the Shariah Supervisory Council 20 This slide does not represent MASB's official views Why not AAOIFI FAS No. 9 Zakah? Contents of AAOIFI FAS 9 Para 1: Scope – Islamic bank Para 2-8: Determination of zakat base Non-banks also pay zakat May contradict Federal/State law As either expense or as deduction from distributable profit Statement of Sources and Uses of Funds in the Zakah and Charity Fund Para 13-20: Disclosures Para 21: Effective date Appendices A, B: Computation for bank assets & liabilities Appendices C, D, E, F, G: Background material 21 Net assets method Net invested funds method Para 9-12: Treatment of zakah in the financial statement Malaysian considerations Treatment differs from MASB standards and/or Malaysian practice Working capital model Growth model In Malaysia, entity is deemed zakat payer; therefore expense In Malaysia, corporates are not usually zakat agent / collector / distributor May be disclosed, if appropriate Need to address zakat of non-bank assets & liabilities as well - This slide does not represent MASB's official views Thank you. Questions? 22 This slide does not represent MASB's official views