Accounting Standard 22:
Accounting for Taxes on Income
· Deferred tax should be recognised for all the timing differences, subject to the consideration of prudence in respect of deferred tax assets (DTA).
When enterprise has unabsorbed depreciation or carry forward tax losses, DTA to be recognised only if there is virtual certainty supported by convincing evidence of future taxable income. Unrecognised DTA to be reassessed at each balance sheet date. Virtual certainty refers to the fact that there is practically no doubt regarding the determination of availability of the future taxable income. Also, convincing evidence is required to support the judgment of virtual certainty (ASI-9 incorporated in (AS) 22 "Accounting for Taxes on Income" as an explanation below para 17).
· In respect of loss under the head Capital Gains, DTA shall be recognised only to the extent that there is a reasonable certainty of sufficient future taxable capital gain (ASI - 4). DTA to be recognised on the amount, which is allowed as per the provisions of the Act; i.e., loss after considering the cost indexation as per the Income-tax Act.
· Treatment of deferred tax in case of Amalgamation (ASI-11 Not incorporated in Notified ASs).
· in case of amalgamation in nature of purchase, where identifiable assets / liabilities are accounted at the fair value and the carrying amount for tax purposes continue to be the same as that for the transferor enter price, the difference between the values shall be treated as a permanent difference and hence it will not give rise to any deferred tax. The consequent difference in depreciation charge of the subsequent years shall also be treated as a permanent difference.
· The transferee company can recognise a DTA in respect of carry forward losses of the transferor enterprise, if conditions relating to prudence as per AS 22 are satisfied, though transferor enterprise would not have recognised such deferred tax assets on account of prudence. Accounting treatment will depend upon nature of amalgamation, which shall be as follows:
ü In case of amalgamation is in the nature of purchase and assets and liabilities are accounted at the fair value, DTA should be recognised at the time of amalgamation (subject to prudence).
ü In case of amalgamation is in the nature of purchase and assets and liabilities are accounted at their existing carrying value, DTA shall not be recognised at the time of amalgamation. However, if DTA gets recognised in the first year of amalgamation, the effect shall be through adjustment to goodwill/ capital reserve.
ü In case of amalgamation is in the nature of merger, the deferred tax assets shall not be recognised at the time of amalgamation. However, if DTA gets recognised in the first year of amalgamation, the effect shall be given through revenue reserves.
ü In all the above if the DTA cannot be recognised by the first annual balance sheet following amalgamation, the corresponding effect of this recognition to be given in the statement of profit and loss.
· Tax expenses for the period, comprises of current tax and deferred tax.
· Current tax [includes payment u/s 115JB of the Act (ASI-6) incorporated in (AS) 22 "Accounting for Taxes on Income" as an explanation below para 21]. should be measured at the amount expected to be paid to (recovered from) the taxation authorities, using the applicable tax rates.
· Deferred tax assets and liabilities should be measured using the tax rates and tax laws that have been enacted or substantively enacted by the balance sheet date and should not be discounted to their present value. Deferred Tax to be measured using the regular tax rates for companies that pay tax u/s 115JB of the Act (ASI-6 incorporated in (AS) 22 "Accounting for Taxes on Income" as an explanation below para 21).
· DTA should be disclosed separately after the head ‘Investments’ and deferred tax liability (DTL) should be disclosed separately after the head ‘Unsecured Loans’ (ASI-7 incorporated in (AS) 22 "Accounting for Taxes on Income" as an explanation below para 30) in the balance sheet of the enterprise. Assets and liabilities to be netted off only when the enterprise has a legally enforceable right to set off and intends to settle on net basis.
· The break-up of deferred tax assets and deferred tax liabilities into major components of the respective balances should be disclosed in the notes to accounts.
· The nature of the evidence supporting the recognition of deferred tax assets should be disclosed, if an enterprise has unabsorbed depreciation or carry forward of losses under tax laws.
· The deferred tax assets and liabilities in respect of timing differences which originate during the tax holiday period and reverse during the tax holiday period, should not be recognised to the extent deduction from the total income of an enterprise is allowed during the tax holiday period. However, if timing differences reverse after the tax holiday period, DTA and DTL should be recognised in the year in which the timing differences originate. Timing differences, which originate first, should be considered for reversal first (ASI-3) and (ASI-5 incorporated in (AS) 22 "Accounting for Taxes on Income" as an explanation below para 13).
· On the first occasion of applicability of this AS the enterprise should recognise, the deferred tax balance that has accumulated prior to the adoption of this Statement as deferred tax asset/liability with a corresponding credit / charge to the revenue reserves.
CAclubindia
