income taxes - nelson cpa · 2007-10-07 · • hkas 12 shall be applied in accounting for income...
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1
Income Taxes (HKAS 12)8 October 2007
copy 2005-07 Nelson 1
Nelson LamNelson Lam 林智遠林智遠MBA MSc BBA ACA CFA CPA(Aust) CPA(US) FCCA FCPA(Practising) MSCA
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
IVIV Further discussionFurther discussion
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2
I Introduction
Objective of HKAS 12Objective of HKAS 12bull The objective of IAS 12 is
to prescribe the accounting treatment for incomendash to prescribe the accounting treatment for income taxes
bull The principal issue in accounting for income taxes is ndash how to account for the current and future tax
consequences ofa) the future recovery (settlement) of the carrying
amount of assets (liabilities) that are
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recognised in an entitys balance sheet andb) transactions and other events of the current
period that are recognised in an entitys financial statements
I Introduction
Scope of HKAS 12Scope of HKAS 12bull HKAS 12 shall be applied in accounting for income taxesbull For the purposes of HKAS 12 income taxes includebull For the purposes of HKAS 12 income taxes include
bull all domestic and foreign taxes which are based on taxable profits
bull taxes such as withholding taxes which are payable by a subsidiary associate or joint venture on distributions to the reporting entity
bull HKAS 12 does not deal with the methodsof accounting for
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gbull government grants (see HKAS 20) or bull investment tax credits
bull However HKAS 12 does deal with the accounting for bull temporary differences that may arise from
such grants or investment tax credits
3
Incometaxes
I Introduction
taxes
Deferredtaxes
Currenttaxes
Current CurrentDeferred Deferred
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TaxLiabilities
TaxAssets
TaxLiabilities
TaxAssets
Tax expense (tax income)bull is the aggregate amount included in the determination of profit or
loss for the period in respect of current tax and deferred tax
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
copy 2005-07 Nelson 6
4
Incometaxes
A Current Taxes
taxes
Currenttaxes
Current Current
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TaxLiabilities
TaxAssets
A Current Taxes
Current Taxesbull is the amount of income taxes payable
(recoverable) in respect of the taxable(recoverable) in respect of the taxable profit (tax loss) for a period
Taxable profit (tax loss)bull is the profit (loss) for a period determined
in accordance with the rules established by the taxation authorities upon which income taxes are payable (recoverable)
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income taxes are payable (recoverable)
5
A Current Tax Liabilities or Assets
Current Tax Liabilitiesbull Current tax for current and prior periods shall
to the extent unpaid be recognised as a liabilityp g y
Current Tax Assetsbull If the amount already paid in respect of current and prior periods exceeds
the amount due for those periodsthe excess shall be recognised as an asset
bull The benefit relating to a tax loss that can be carried back to recover current tax of a previous period
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shall be recognised as an assetbull When a tax loss is used to recover current tax of a previous period
an entity recognises the benefit as an assetin the period in which the tax loss occurs becausebull it is probable that the benefit will flow to the entity andbull the benefit can be reliably measured
A Current Tax ndash Measurement
bull Current tax liabilities (assets) for the current and prior periodsndash shall be measured at the amount expected to be paid toshall be measured at the amount expected to be paid to
(recovered from) the taxation authorities ndash using the tax rates (and tax laws) that have been enacted
or substantively enacted by the balance sheet date
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6
A Current Tax ndash Presentation
bull An entity shall offset current tax assets and current tax liabilities if and only if the entitya) has a legally enforceable right to set off thea) has a legally enforceable right to set off the
recognised amounts andb) intends either
bull to settle on a net basis orbull to realise the asset and settle the liability
simultaneouslybull The tax expense (income) related to profit or
loss from ordinary activities
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ndash shall be presented on the face of the income statement
bull Other disclosures (to be discussed with deferred tax)
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
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6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7
Incometaxes
B Deferred Taxes
taxes
Deferredtaxes
Deferred Deferred
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TaxLiabilities
TaxAssets
1 Overview of Deferred Taxes
Deferredtaxes - Largely referenced to the temporary
difference between an asset or liabilitys
carrying amount and
HKAS 12 Income taxes adopts
bullbull Balance sheet liability methodBalance sheet liability method
Temporarydifference
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its tax base
bullbull Full provision approachFull provision approach- Recognised all differences except for some limited cases
difference
Tax base
8
1 Overview of Deferred TaxesCase
bull Deferred taxationndash is provided in fullndash using the liability methodndash on temporary differences arising
between
Deferredtaxes
Temporarydifference
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bull the tax bases of assets and liabilities and
bull their carrying amounts in the accounts
2004 Annual Report HKEX
difference
Tax base
2 Tax BaseTax baseTax base of an asset or liability isbull the amount attributed to that asset or liability for tax purposes
bull HKAS 12 with reference to AASB 1020 Income Taxes of the Australian Accounting Research Foundation provides further guidance on calculating tax base helliphellip
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Tax base
9
2 Tax Base
Tax base -= Carrying amo nt
Future taxable +
Future deductible
Assets
amount amount+
amount
Tax base -= Carrying amount
Future deductible
amount+
Future taxable amount
Liabilities
f
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Liabilities for revenue received in advance
Tax base -= Carrying amount
Revenue that will not be taxable in future periods
2 Tax BaseThe tax base of an asset isbull the 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 bull If those economic benefits will not be taxable the
tax base of the asset is equal to its carrying amount
The tax base of a liability isbull its carrying amount less any amount that will be
deductible for tax purposes in respect of that liability in
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deductible for tax purposes in respect of that liability in future periods
In the case of revenue which is received in advance the tax base of the resulting liability isbull its carrying amount less any amount of the revenue
that will not be taxable in future periods
Tax base
10
2 Tax BaseExample
Calculate the tax base of the following items
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
Tax base = $600bull For tax purposes depreciation allowance of
$400 has been already deductedbull The remaining cost can be deductible in future
periodsbull Revenue generated from the machine is
taxable
bull For tax purposes depreciation allowance of $400 has been already deducted
bull The remaining cost can be deductible in future periods
bull Revenue generated from the machine is taxable
T d i bl h i t fT d i bl h i t f T b $1 000
If revaluatedIf revaluated
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bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
Tax base = $1000(carrying amount $800 + future deductible amount $200)
2 Tax BaseExample
Calculate the tax base of the following items
bull Freehold land with a cost of $2 million is revalued to $3 million
bull Freehold land with a cost of $2 million is revalued to $3 millionto $3 million
bull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
to $3 millionbull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
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Tax base is the originalcost $2 million
Carrying amount $3 million
What is it
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
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Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
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taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
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difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
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differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
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differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
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difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
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the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
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ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
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entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
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bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
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bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
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3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
2
I Introduction
Objective of HKAS 12Objective of HKAS 12bull The objective of IAS 12 is
to prescribe the accounting treatment for incomendash to prescribe the accounting treatment for income taxes
bull The principal issue in accounting for income taxes is ndash how to account for the current and future tax
consequences ofa) the future recovery (settlement) of the carrying
amount of assets (liabilities) that are
copy 2005-07 Nelson 3
recognised in an entitys balance sheet andb) transactions and other events of the current
period that are recognised in an entitys financial statements
I Introduction
Scope of HKAS 12Scope of HKAS 12bull HKAS 12 shall be applied in accounting for income taxesbull For the purposes of HKAS 12 income taxes includebull For the purposes of HKAS 12 income taxes include
bull all domestic and foreign taxes which are based on taxable profits
bull taxes such as withholding taxes which are payable by a subsidiary associate or joint venture on distributions to the reporting entity
bull HKAS 12 does not deal with the methodsof accounting for
copy 2005-07 Nelson 4
gbull government grants (see HKAS 20) or bull investment tax credits
bull However HKAS 12 does deal with the accounting for bull temporary differences that may arise from
such grants or investment tax credits
3
Incometaxes
I Introduction
taxes
Deferredtaxes
Currenttaxes
Current CurrentDeferred Deferred
copy 2005-07 Nelson 5
TaxLiabilities
TaxAssets
TaxLiabilities
TaxAssets
Tax expense (tax income)bull is the aggregate amount included in the determination of profit or
loss for the period in respect of current tax and deferred tax
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
copy 2005-07 Nelson 6
4
Incometaxes
A Current Taxes
taxes
Currenttaxes
Current Current
copy 2005-07 Nelson 7
TaxLiabilities
TaxAssets
A Current Taxes
Current Taxesbull is the amount of income taxes payable
(recoverable) in respect of the taxable(recoverable) in respect of the taxable profit (tax loss) for a period
Taxable profit (tax loss)bull is the profit (loss) for a period determined
in accordance with the rules established by the taxation authorities upon which income taxes are payable (recoverable)
copy 2005-07 Nelson 8
income taxes are payable (recoverable)
5
A Current Tax Liabilities or Assets
Current Tax Liabilitiesbull Current tax for current and prior periods shall
to the extent unpaid be recognised as a liabilityp g y
Current Tax Assetsbull If the amount already paid in respect of current and prior periods exceeds
the amount due for those periodsthe excess shall be recognised as an asset
bull The benefit relating to a tax loss that can be carried back to recover current tax of a previous period
copy 2005-07 Nelson 9
shall be recognised as an assetbull When a tax loss is used to recover current tax of a previous period
an entity recognises the benefit as an assetin the period in which the tax loss occurs becausebull it is probable that the benefit will flow to the entity andbull the benefit can be reliably measured
A Current Tax ndash Measurement
bull Current tax liabilities (assets) for the current and prior periodsndash shall be measured at the amount expected to be paid toshall be measured at the amount expected to be paid to
(recovered from) the taxation authorities ndash using the tax rates (and tax laws) that have been enacted
or substantively enacted by the balance sheet date
copy 2005-07 Nelson 10
6
A Current Tax ndash Presentation
bull An entity shall offset current tax assets and current tax liabilities if and only if the entitya) has a legally enforceable right to set off thea) has a legally enforceable right to set off the
recognised amounts andb) intends either
bull to settle on a net basis orbull to realise the asset and settle the liability
simultaneouslybull The tax expense (income) related to profit or
loss from ordinary activities
copy 2005-07 Nelson 11
ndash shall be presented on the face of the income statement
bull Other disclosures (to be discussed with deferred tax)
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 12
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7
Incometaxes
B Deferred Taxes
taxes
Deferredtaxes
Deferred Deferred
copy 2005-07 Nelson 13
TaxLiabilities
TaxAssets
1 Overview of Deferred Taxes
Deferredtaxes - Largely referenced to the temporary
difference between an asset or liabilitys
carrying amount and
HKAS 12 Income taxes adopts
bullbull Balance sheet liability methodBalance sheet liability method
Temporarydifference
copy 2005-07 Nelson 14
its tax base
bullbull Full provision approachFull provision approach- Recognised all differences except for some limited cases
difference
Tax base
8
1 Overview of Deferred TaxesCase
bull Deferred taxationndash is provided in fullndash using the liability methodndash on temporary differences arising
between
Deferredtaxes
Temporarydifference
copy 2005-07 Nelson 15
bull the tax bases of assets and liabilities and
bull their carrying amounts in the accounts
2004 Annual Report HKEX
difference
Tax base
2 Tax BaseTax baseTax base of an asset or liability isbull the amount attributed to that asset or liability for tax purposes
bull HKAS 12 with reference to AASB 1020 Income Taxes of the Australian Accounting Research Foundation provides further guidance on calculating tax base helliphellip
copy 2005-07 Nelson 16
Tax base
9
2 Tax Base
Tax base -= Carrying amo nt
Future taxable +
Future deductible
Assets
amount amount+
amount
Tax base -= Carrying amount
Future deductible
amount+
Future taxable amount
Liabilities
f
copy 2005-07 Nelson 17
Liabilities for revenue received in advance
Tax base -= Carrying amount
Revenue that will not be taxable in future periods
2 Tax BaseThe tax base of an asset isbull the 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 bull If those economic benefits will not be taxable the
tax base of the asset is equal to its carrying amount
The tax base of a liability isbull its carrying amount less any amount that will be
deductible for tax purposes in respect of that liability in
copy 2005-07 Nelson 18
deductible for tax purposes in respect of that liability in future periods
In the case of revenue which is received in advance the tax base of the resulting liability isbull its carrying amount less any amount of the revenue
that will not be taxable in future periods
Tax base
10
2 Tax BaseExample
Calculate the tax base of the following items
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
Tax base = $600bull For tax purposes depreciation allowance of
$400 has been already deductedbull The remaining cost can be deductible in future
periodsbull Revenue generated from the machine is
taxable
bull For tax purposes depreciation allowance of $400 has been already deducted
bull The remaining cost can be deductible in future periods
bull Revenue generated from the machine is taxable
T d i bl h i t fT d i bl h i t f T b $1 000
If revaluatedIf revaluated
copy 2005-07 Nelson 19
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
Tax base = $1000(carrying amount $800 + future deductible amount $200)
2 Tax BaseExample
Calculate the tax base of the following items
bull Freehold land with a cost of $2 million is revalued to $3 million
bull Freehold land with a cost of $2 million is revalued to $3 millionto $3 million
bull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
to $3 millionbull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
copy 2005-07 Nelson 20
Tax base is the originalcost $2 million
Carrying amount $3 million
What is it
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
copy 2005-07 Nelson 21
Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
copy 2005-07 Nelson 22
taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
3
Incometaxes
I Introduction
taxes
Deferredtaxes
Currenttaxes
Current CurrentDeferred Deferred
copy 2005-07 Nelson 5
TaxLiabilities
TaxAssets
TaxLiabilities
TaxAssets
Tax expense (tax income)bull is the aggregate amount included in the determination of profit or
loss for the period in respect of current tax and deferred tax
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
copy 2005-07 Nelson 6
4
Incometaxes
A Current Taxes
taxes
Currenttaxes
Current Current
copy 2005-07 Nelson 7
TaxLiabilities
TaxAssets
A Current Taxes
Current Taxesbull is the amount of income taxes payable
(recoverable) in respect of the taxable(recoverable) in respect of the taxable profit (tax loss) for a period
Taxable profit (tax loss)bull is the profit (loss) for a period determined
in accordance with the rules established by the taxation authorities upon which income taxes are payable (recoverable)
copy 2005-07 Nelson 8
income taxes are payable (recoverable)
5
A Current Tax Liabilities or Assets
Current Tax Liabilitiesbull Current tax for current and prior periods shall
to the extent unpaid be recognised as a liabilityp g y
Current Tax Assetsbull If the amount already paid in respect of current and prior periods exceeds
the amount due for those periodsthe excess shall be recognised as an asset
bull The benefit relating to a tax loss that can be carried back to recover current tax of a previous period
copy 2005-07 Nelson 9
shall be recognised as an assetbull When a tax loss is used to recover current tax of a previous period
an entity recognises the benefit as an assetin the period in which the tax loss occurs becausebull it is probable that the benefit will flow to the entity andbull the benefit can be reliably measured
A Current Tax ndash Measurement
bull Current tax liabilities (assets) for the current and prior periodsndash shall be measured at the amount expected to be paid toshall be measured at the amount expected to be paid to
(recovered from) the taxation authorities ndash using the tax rates (and tax laws) that have been enacted
or substantively enacted by the balance sheet date
copy 2005-07 Nelson 10
6
A Current Tax ndash Presentation
bull An entity shall offset current tax assets and current tax liabilities if and only if the entitya) has a legally enforceable right to set off thea) has a legally enforceable right to set off the
recognised amounts andb) intends either
bull to settle on a net basis orbull to realise the asset and settle the liability
simultaneouslybull The tax expense (income) related to profit or
loss from ordinary activities
copy 2005-07 Nelson 11
ndash shall be presented on the face of the income statement
bull Other disclosures (to be discussed with deferred tax)
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 12
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7
Incometaxes
B Deferred Taxes
taxes
Deferredtaxes
Deferred Deferred
copy 2005-07 Nelson 13
TaxLiabilities
TaxAssets
1 Overview of Deferred Taxes
Deferredtaxes - Largely referenced to the temporary
difference between an asset or liabilitys
carrying amount and
HKAS 12 Income taxes adopts
bullbull Balance sheet liability methodBalance sheet liability method
Temporarydifference
copy 2005-07 Nelson 14
its tax base
bullbull Full provision approachFull provision approach- Recognised all differences except for some limited cases
difference
Tax base
8
1 Overview of Deferred TaxesCase
bull Deferred taxationndash is provided in fullndash using the liability methodndash on temporary differences arising
between
Deferredtaxes
Temporarydifference
copy 2005-07 Nelson 15
bull the tax bases of assets and liabilities and
bull their carrying amounts in the accounts
2004 Annual Report HKEX
difference
Tax base
2 Tax BaseTax baseTax base of an asset or liability isbull the amount attributed to that asset or liability for tax purposes
bull HKAS 12 with reference to AASB 1020 Income Taxes of the Australian Accounting Research Foundation provides further guidance on calculating tax base helliphellip
copy 2005-07 Nelson 16
Tax base
9
2 Tax Base
Tax base -= Carrying amo nt
Future taxable +
Future deductible
Assets
amount amount+
amount
Tax base -= Carrying amount
Future deductible
amount+
Future taxable amount
Liabilities
f
copy 2005-07 Nelson 17
Liabilities for revenue received in advance
Tax base -= Carrying amount
Revenue that will not be taxable in future periods
2 Tax BaseThe tax base of an asset isbull the 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 bull If those economic benefits will not be taxable the
tax base of the asset is equal to its carrying amount
The tax base of a liability isbull its carrying amount less any amount that will be
deductible for tax purposes in respect of that liability in
copy 2005-07 Nelson 18
deductible for tax purposes in respect of that liability in future periods
In the case of revenue which is received in advance the tax base of the resulting liability isbull its carrying amount less any amount of the revenue
that will not be taxable in future periods
Tax base
10
2 Tax BaseExample
Calculate the tax base of the following items
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
Tax base = $600bull For tax purposes depreciation allowance of
$400 has been already deductedbull The remaining cost can be deductible in future
periodsbull Revenue generated from the machine is
taxable
bull For tax purposes depreciation allowance of $400 has been already deducted
bull The remaining cost can be deductible in future periods
bull Revenue generated from the machine is taxable
T d i bl h i t fT d i bl h i t f T b $1 000
If revaluatedIf revaluated
copy 2005-07 Nelson 19
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
Tax base = $1000(carrying amount $800 + future deductible amount $200)
2 Tax BaseExample
Calculate the tax base of the following items
bull Freehold land with a cost of $2 million is revalued to $3 million
bull Freehold land with a cost of $2 million is revalued to $3 millionto $3 million
bull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
to $3 millionbull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
copy 2005-07 Nelson 20
Tax base is the originalcost $2 million
Carrying amount $3 million
What is it
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
copy 2005-07 Nelson 21
Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
copy 2005-07 Nelson 22
taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
4
Incometaxes
A Current Taxes
taxes
Currenttaxes
Current Current
copy 2005-07 Nelson 7
TaxLiabilities
TaxAssets
A Current Taxes
Current Taxesbull is the amount of income taxes payable
(recoverable) in respect of the taxable(recoverable) in respect of the taxable profit (tax loss) for a period
Taxable profit (tax loss)bull is the profit (loss) for a period determined
in accordance with the rules established by the taxation authorities upon which income taxes are payable (recoverable)
copy 2005-07 Nelson 8
income taxes are payable (recoverable)
5
A Current Tax Liabilities or Assets
Current Tax Liabilitiesbull Current tax for current and prior periods shall
to the extent unpaid be recognised as a liabilityp g y
Current Tax Assetsbull If the amount already paid in respect of current and prior periods exceeds
the amount due for those periodsthe excess shall be recognised as an asset
bull The benefit relating to a tax loss that can be carried back to recover current tax of a previous period
copy 2005-07 Nelson 9
shall be recognised as an assetbull When a tax loss is used to recover current tax of a previous period
an entity recognises the benefit as an assetin the period in which the tax loss occurs becausebull it is probable that the benefit will flow to the entity andbull the benefit can be reliably measured
A Current Tax ndash Measurement
bull Current tax liabilities (assets) for the current and prior periodsndash shall be measured at the amount expected to be paid toshall be measured at the amount expected to be paid to
(recovered from) the taxation authorities ndash using the tax rates (and tax laws) that have been enacted
or substantively enacted by the balance sheet date
copy 2005-07 Nelson 10
6
A Current Tax ndash Presentation
bull An entity shall offset current tax assets and current tax liabilities if and only if the entitya) has a legally enforceable right to set off thea) has a legally enforceable right to set off the
recognised amounts andb) intends either
bull to settle on a net basis orbull to realise the asset and settle the liability
simultaneouslybull The tax expense (income) related to profit or
loss from ordinary activities
copy 2005-07 Nelson 11
ndash shall be presented on the face of the income statement
bull Other disclosures (to be discussed with deferred tax)
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 12
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7
Incometaxes
B Deferred Taxes
taxes
Deferredtaxes
Deferred Deferred
copy 2005-07 Nelson 13
TaxLiabilities
TaxAssets
1 Overview of Deferred Taxes
Deferredtaxes - Largely referenced to the temporary
difference between an asset or liabilitys
carrying amount and
HKAS 12 Income taxes adopts
bullbull Balance sheet liability methodBalance sheet liability method
Temporarydifference
copy 2005-07 Nelson 14
its tax base
bullbull Full provision approachFull provision approach- Recognised all differences except for some limited cases
difference
Tax base
8
1 Overview of Deferred TaxesCase
bull Deferred taxationndash is provided in fullndash using the liability methodndash on temporary differences arising
between
Deferredtaxes
Temporarydifference
copy 2005-07 Nelson 15
bull the tax bases of assets and liabilities and
bull their carrying amounts in the accounts
2004 Annual Report HKEX
difference
Tax base
2 Tax BaseTax baseTax base of an asset or liability isbull the amount attributed to that asset or liability for tax purposes
bull HKAS 12 with reference to AASB 1020 Income Taxes of the Australian Accounting Research Foundation provides further guidance on calculating tax base helliphellip
copy 2005-07 Nelson 16
Tax base
9
2 Tax Base
Tax base -= Carrying amo nt
Future taxable +
Future deductible
Assets
amount amount+
amount
Tax base -= Carrying amount
Future deductible
amount+
Future taxable amount
Liabilities
f
copy 2005-07 Nelson 17
Liabilities for revenue received in advance
Tax base -= Carrying amount
Revenue that will not be taxable in future periods
2 Tax BaseThe tax base of an asset isbull the 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 bull If those economic benefits will not be taxable the
tax base of the asset is equal to its carrying amount
The tax base of a liability isbull its carrying amount less any amount that will be
deductible for tax purposes in respect of that liability in
copy 2005-07 Nelson 18
deductible for tax purposes in respect of that liability in future periods
In the case of revenue which is received in advance the tax base of the resulting liability isbull its carrying amount less any amount of the revenue
that will not be taxable in future periods
Tax base
10
2 Tax BaseExample
Calculate the tax base of the following items
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
Tax base = $600bull For tax purposes depreciation allowance of
$400 has been already deductedbull The remaining cost can be deductible in future
periodsbull Revenue generated from the machine is
taxable
bull For tax purposes depreciation allowance of $400 has been already deducted
bull The remaining cost can be deductible in future periods
bull Revenue generated from the machine is taxable
T d i bl h i t fT d i bl h i t f T b $1 000
If revaluatedIf revaluated
copy 2005-07 Nelson 19
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
Tax base = $1000(carrying amount $800 + future deductible amount $200)
2 Tax BaseExample
Calculate the tax base of the following items
bull Freehold land with a cost of $2 million is revalued to $3 million
bull Freehold land with a cost of $2 million is revalued to $3 millionto $3 million
bull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
to $3 millionbull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
copy 2005-07 Nelson 20
Tax base is the originalcost $2 million
Carrying amount $3 million
What is it
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
copy 2005-07 Nelson 21
Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
copy 2005-07 Nelson 22
taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
5
A Current Tax Liabilities or Assets
Current Tax Liabilitiesbull Current tax for current and prior periods shall
to the extent unpaid be recognised as a liabilityp g y
Current Tax Assetsbull If the amount already paid in respect of current and prior periods exceeds
the amount due for those periodsthe excess shall be recognised as an asset
bull The benefit relating to a tax loss that can be carried back to recover current tax of a previous period
copy 2005-07 Nelson 9
shall be recognised as an assetbull When a tax loss is used to recover current tax of a previous period
an entity recognises the benefit as an assetin the period in which the tax loss occurs becausebull it is probable that the benefit will flow to the entity andbull the benefit can be reliably measured
A Current Tax ndash Measurement
bull Current tax liabilities (assets) for the current and prior periodsndash shall be measured at the amount expected to be paid toshall be measured at the amount expected to be paid to
(recovered from) the taxation authorities ndash using the tax rates (and tax laws) that have been enacted
or substantively enacted by the balance sheet date
copy 2005-07 Nelson 10
6
A Current Tax ndash Presentation
bull An entity shall offset current tax assets and current tax liabilities if and only if the entitya) has a legally enforceable right to set off thea) has a legally enforceable right to set off the
recognised amounts andb) intends either
bull to settle on a net basis orbull to realise the asset and settle the liability
simultaneouslybull The tax expense (income) related to profit or
loss from ordinary activities
copy 2005-07 Nelson 11
ndash shall be presented on the face of the income statement
bull Other disclosures (to be discussed with deferred tax)
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 12
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7
Incometaxes
B Deferred Taxes
taxes
Deferredtaxes
Deferred Deferred
copy 2005-07 Nelson 13
TaxLiabilities
TaxAssets
1 Overview of Deferred Taxes
Deferredtaxes - Largely referenced to the temporary
difference between an asset or liabilitys
carrying amount and
HKAS 12 Income taxes adopts
bullbull Balance sheet liability methodBalance sheet liability method
Temporarydifference
copy 2005-07 Nelson 14
its tax base
bullbull Full provision approachFull provision approach- Recognised all differences except for some limited cases
difference
Tax base
8
1 Overview of Deferred TaxesCase
bull Deferred taxationndash is provided in fullndash using the liability methodndash on temporary differences arising
between
Deferredtaxes
Temporarydifference
copy 2005-07 Nelson 15
bull the tax bases of assets and liabilities and
bull their carrying amounts in the accounts
2004 Annual Report HKEX
difference
Tax base
2 Tax BaseTax baseTax base of an asset or liability isbull the amount attributed to that asset or liability for tax purposes
bull HKAS 12 with reference to AASB 1020 Income Taxes of the Australian Accounting Research Foundation provides further guidance on calculating tax base helliphellip
copy 2005-07 Nelson 16
Tax base
9
2 Tax Base
Tax base -= Carrying amo nt
Future taxable +
Future deductible
Assets
amount amount+
amount
Tax base -= Carrying amount
Future deductible
amount+
Future taxable amount
Liabilities
f
copy 2005-07 Nelson 17
Liabilities for revenue received in advance
Tax base -= Carrying amount
Revenue that will not be taxable in future periods
2 Tax BaseThe tax base of an asset isbull the 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 bull If those economic benefits will not be taxable the
tax base of the asset is equal to its carrying amount
The tax base of a liability isbull its carrying amount less any amount that will be
deductible for tax purposes in respect of that liability in
copy 2005-07 Nelson 18
deductible for tax purposes in respect of that liability in future periods
In the case of revenue which is received in advance the tax base of the resulting liability isbull its carrying amount less any amount of the revenue
that will not be taxable in future periods
Tax base
10
2 Tax BaseExample
Calculate the tax base of the following items
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
Tax base = $600bull For tax purposes depreciation allowance of
$400 has been already deductedbull The remaining cost can be deductible in future
periodsbull Revenue generated from the machine is
taxable
bull For tax purposes depreciation allowance of $400 has been already deducted
bull The remaining cost can be deductible in future periods
bull Revenue generated from the machine is taxable
T d i bl h i t fT d i bl h i t f T b $1 000
If revaluatedIf revaluated
copy 2005-07 Nelson 19
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
Tax base = $1000(carrying amount $800 + future deductible amount $200)
2 Tax BaseExample
Calculate the tax base of the following items
bull Freehold land with a cost of $2 million is revalued to $3 million
bull Freehold land with a cost of $2 million is revalued to $3 millionto $3 million
bull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
to $3 millionbull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
copy 2005-07 Nelson 20
Tax base is the originalcost $2 million
Carrying amount $3 million
What is it
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
copy 2005-07 Nelson 21
Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
copy 2005-07 Nelson 22
taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
6
A Current Tax ndash Presentation
bull An entity shall offset current tax assets and current tax liabilities if and only if the entitya) has a legally enforceable right to set off thea) has a legally enforceable right to set off the
recognised amounts andb) intends either
bull to settle on a net basis orbull to realise the asset and settle the liability
simultaneouslybull The tax expense (income) related to profit or
loss from ordinary activities
copy 2005-07 Nelson 11
ndash shall be presented on the face of the income statement
bull Other disclosures (to be discussed with deferred tax)
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 12
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7
Incometaxes
B Deferred Taxes
taxes
Deferredtaxes
Deferred Deferred
copy 2005-07 Nelson 13
TaxLiabilities
TaxAssets
1 Overview of Deferred Taxes
Deferredtaxes - Largely referenced to the temporary
difference between an asset or liabilitys
carrying amount and
HKAS 12 Income taxes adopts
bullbull Balance sheet liability methodBalance sheet liability method
Temporarydifference
copy 2005-07 Nelson 14
its tax base
bullbull Full provision approachFull provision approach- Recognised all differences except for some limited cases
difference
Tax base
8
1 Overview of Deferred TaxesCase
bull Deferred taxationndash is provided in fullndash using the liability methodndash on temporary differences arising
between
Deferredtaxes
Temporarydifference
copy 2005-07 Nelson 15
bull the tax bases of assets and liabilities and
bull their carrying amounts in the accounts
2004 Annual Report HKEX
difference
Tax base
2 Tax BaseTax baseTax base of an asset or liability isbull the amount attributed to that asset or liability for tax purposes
bull HKAS 12 with reference to AASB 1020 Income Taxes of the Australian Accounting Research Foundation provides further guidance on calculating tax base helliphellip
copy 2005-07 Nelson 16
Tax base
9
2 Tax Base
Tax base -= Carrying amo nt
Future taxable +
Future deductible
Assets
amount amount+
amount
Tax base -= Carrying amount
Future deductible
amount+
Future taxable amount
Liabilities
f
copy 2005-07 Nelson 17
Liabilities for revenue received in advance
Tax base -= Carrying amount
Revenue that will not be taxable in future periods
2 Tax BaseThe tax base of an asset isbull the 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 bull If those economic benefits will not be taxable the
tax base of the asset is equal to its carrying amount
The tax base of a liability isbull its carrying amount less any amount that will be
deductible for tax purposes in respect of that liability in
copy 2005-07 Nelson 18
deductible for tax purposes in respect of that liability in future periods
In the case of revenue which is received in advance the tax base of the resulting liability isbull its carrying amount less any amount of the revenue
that will not be taxable in future periods
Tax base
10
2 Tax BaseExample
Calculate the tax base of the following items
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
Tax base = $600bull For tax purposes depreciation allowance of
$400 has been already deductedbull The remaining cost can be deductible in future
periodsbull Revenue generated from the machine is
taxable
bull For tax purposes depreciation allowance of $400 has been already deducted
bull The remaining cost can be deductible in future periods
bull Revenue generated from the machine is taxable
T d i bl h i t fT d i bl h i t f T b $1 000
If revaluatedIf revaluated
copy 2005-07 Nelson 19
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
Tax base = $1000(carrying amount $800 + future deductible amount $200)
2 Tax BaseExample
Calculate the tax base of the following items
bull Freehold land with a cost of $2 million is revalued to $3 million
bull Freehold land with a cost of $2 million is revalued to $3 millionto $3 million
bull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
to $3 millionbull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
copy 2005-07 Nelson 20
Tax base is the originalcost $2 million
Carrying amount $3 million
What is it
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
copy 2005-07 Nelson 21
Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
copy 2005-07 Nelson 22
taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
7
Incometaxes
B Deferred Taxes
taxes
Deferredtaxes
Deferred Deferred
copy 2005-07 Nelson 13
TaxLiabilities
TaxAssets
1 Overview of Deferred Taxes
Deferredtaxes - Largely referenced to the temporary
difference between an asset or liabilitys
carrying amount and
HKAS 12 Income taxes adopts
bullbull Balance sheet liability methodBalance sheet liability method
Temporarydifference
copy 2005-07 Nelson 14
its tax base
bullbull Full provision approachFull provision approach- Recognised all differences except for some limited cases
difference
Tax base
8
1 Overview of Deferred TaxesCase
bull Deferred taxationndash is provided in fullndash using the liability methodndash on temporary differences arising
between
Deferredtaxes
Temporarydifference
copy 2005-07 Nelson 15
bull the tax bases of assets and liabilities and
bull their carrying amounts in the accounts
2004 Annual Report HKEX
difference
Tax base
2 Tax BaseTax baseTax base of an asset or liability isbull the amount attributed to that asset or liability for tax purposes
bull HKAS 12 with reference to AASB 1020 Income Taxes of the Australian Accounting Research Foundation provides further guidance on calculating tax base helliphellip
copy 2005-07 Nelson 16
Tax base
9
2 Tax Base
Tax base -= Carrying amo nt
Future taxable +
Future deductible
Assets
amount amount+
amount
Tax base -= Carrying amount
Future deductible
amount+
Future taxable amount
Liabilities
f
copy 2005-07 Nelson 17
Liabilities for revenue received in advance
Tax base -= Carrying amount
Revenue that will not be taxable in future periods
2 Tax BaseThe tax base of an asset isbull the 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 bull If those economic benefits will not be taxable the
tax base of the asset is equal to its carrying amount
The tax base of a liability isbull its carrying amount less any amount that will be
deductible for tax purposes in respect of that liability in
copy 2005-07 Nelson 18
deductible for tax purposes in respect of that liability in future periods
In the case of revenue which is received in advance the tax base of the resulting liability isbull its carrying amount less any amount of the revenue
that will not be taxable in future periods
Tax base
10
2 Tax BaseExample
Calculate the tax base of the following items
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
Tax base = $600bull For tax purposes depreciation allowance of
$400 has been already deductedbull The remaining cost can be deductible in future
periodsbull Revenue generated from the machine is
taxable
bull For tax purposes depreciation allowance of $400 has been already deducted
bull The remaining cost can be deductible in future periods
bull Revenue generated from the machine is taxable
T d i bl h i t fT d i bl h i t f T b $1 000
If revaluatedIf revaluated
copy 2005-07 Nelson 19
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
Tax base = $1000(carrying amount $800 + future deductible amount $200)
2 Tax BaseExample
Calculate the tax base of the following items
bull Freehold land with a cost of $2 million is revalued to $3 million
bull Freehold land with a cost of $2 million is revalued to $3 millionto $3 million
bull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
to $3 millionbull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
copy 2005-07 Nelson 20
Tax base is the originalcost $2 million
Carrying amount $3 million
What is it
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
copy 2005-07 Nelson 21
Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
copy 2005-07 Nelson 22
taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
8
1 Overview of Deferred TaxesCase
bull Deferred taxationndash is provided in fullndash using the liability methodndash on temporary differences arising
between
Deferredtaxes
Temporarydifference
copy 2005-07 Nelson 15
bull the tax bases of assets and liabilities and
bull their carrying amounts in the accounts
2004 Annual Report HKEX
difference
Tax base
2 Tax BaseTax baseTax base of an asset or liability isbull the amount attributed to that asset or liability for tax purposes
bull HKAS 12 with reference to AASB 1020 Income Taxes of the Australian Accounting Research Foundation provides further guidance on calculating tax base helliphellip
copy 2005-07 Nelson 16
Tax base
9
2 Tax Base
Tax base -= Carrying amo nt
Future taxable +
Future deductible
Assets
amount amount+
amount
Tax base -= Carrying amount
Future deductible
amount+
Future taxable amount
Liabilities
f
copy 2005-07 Nelson 17
Liabilities for revenue received in advance
Tax base -= Carrying amount
Revenue that will not be taxable in future periods
2 Tax BaseThe tax base of an asset isbull the 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 bull If those economic benefits will not be taxable the
tax base of the asset is equal to its carrying amount
The tax base of a liability isbull its carrying amount less any amount that will be
deductible for tax purposes in respect of that liability in
copy 2005-07 Nelson 18
deductible for tax purposes in respect of that liability in future periods
In the case of revenue which is received in advance the tax base of the resulting liability isbull its carrying amount less any amount of the revenue
that will not be taxable in future periods
Tax base
10
2 Tax BaseExample
Calculate the tax base of the following items
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
Tax base = $600bull For tax purposes depreciation allowance of
$400 has been already deductedbull The remaining cost can be deductible in future
periodsbull Revenue generated from the machine is
taxable
bull For tax purposes depreciation allowance of $400 has been already deducted
bull The remaining cost can be deductible in future periods
bull Revenue generated from the machine is taxable
T d i bl h i t fT d i bl h i t f T b $1 000
If revaluatedIf revaluated
copy 2005-07 Nelson 19
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
Tax base = $1000(carrying amount $800 + future deductible amount $200)
2 Tax BaseExample
Calculate the tax base of the following items
bull Freehold land with a cost of $2 million is revalued to $3 million
bull Freehold land with a cost of $2 million is revalued to $3 millionto $3 million
bull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
to $3 millionbull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
copy 2005-07 Nelson 20
Tax base is the originalcost $2 million
Carrying amount $3 million
What is it
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
copy 2005-07 Nelson 21
Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
copy 2005-07 Nelson 22
taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
9
2 Tax Base
Tax base -= Carrying amo nt
Future taxable +
Future deductible
Assets
amount amount+
amount
Tax base -= Carrying amount
Future deductible
amount+
Future taxable amount
Liabilities
f
copy 2005-07 Nelson 17
Liabilities for revenue received in advance
Tax base -= Carrying amount
Revenue that will not be taxable in future periods
2 Tax BaseThe tax base of an asset isbull the 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 bull If those economic benefits will not be taxable the
tax base of the asset is equal to its carrying amount
The tax base of a liability isbull its carrying amount less any amount that will be
deductible for tax purposes in respect of that liability in
copy 2005-07 Nelson 18
deductible for tax purposes in respect of that liability in future periods
In the case of revenue which is received in advance the tax base of the resulting liability isbull its carrying amount less any amount of the revenue
that will not be taxable in future periods
Tax base
10
2 Tax BaseExample
Calculate the tax base of the following items
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
Tax base = $600bull For tax purposes depreciation allowance of
$400 has been already deductedbull The remaining cost can be deductible in future
periodsbull Revenue generated from the machine is
taxable
bull For tax purposes depreciation allowance of $400 has been already deducted
bull The remaining cost can be deductible in future periods
bull Revenue generated from the machine is taxable
T d i bl h i t fT d i bl h i t f T b $1 000
If revaluatedIf revaluated
copy 2005-07 Nelson 19
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
Tax base = $1000(carrying amount $800 + future deductible amount $200)
2 Tax BaseExample
Calculate the tax base of the following items
bull Freehold land with a cost of $2 million is revalued to $3 million
bull Freehold land with a cost of $2 million is revalued to $3 millionto $3 million
bull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
to $3 millionbull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
copy 2005-07 Nelson 20
Tax base is the originalcost $2 million
Carrying amount $3 million
What is it
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
copy 2005-07 Nelson 21
Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
copy 2005-07 Nelson 22
taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
10
2 Tax BaseExample
Calculate the tax base of the following items
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
bull A car with a cost $1000 was acquired in 2006For tax purposes depreciation allowance of
Tax base = $600bull For tax purposes depreciation allowance of
$400 has been already deductedbull The remaining cost can be deductible in future
periodsbull Revenue generated from the machine is
taxable
bull For tax purposes depreciation allowance of $400 has been already deducted
bull The remaining cost can be deductible in future periods
bull Revenue generated from the machine is taxable
T d i bl h i t fT d i bl h i t f T b $1 000
If revaluatedIf revaluated
copy 2005-07 Nelson 19
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
bull Trade receivables has a carrying amount of $800 after an impairment loss of $200
bull The related revenue has already been included in taxable profits
bull The impairment loss of $200 has not been deducted for the tax purposes
Tax base = $1000(carrying amount $800 + future deductible amount $200)
2 Tax BaseExample
Calculate the tax base of the following items
bull Freehold land with a cost of $2 million is revalued to $3 million
bull Freehold land with a cost of $2 million is revalued to $3 millionto $3 million
bull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
to $3 millionbull For tax purposes there is no depreciation bull Revenue generated from the use of the freehold
land is taxable bull However any gain on disposal of the land at the
revalued amount will not be taxable
copy 2005-07 Nelson 20
Tax base is the originalcost $2 million
Carrying amount $3 million
What is it
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
copy 2005-07 Nelson 21
Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
copy 2005-07 Nelson 22
taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
11
3 Temporary Difference
Temporary differences are differences betweenbull the carrying amount of an asset or liability in the
balance sheet and
=Temporary difference Tax base-Carrying
amount
bull its tax base
copy 2005-07 Nelson 21
Tax base
3 Temporary Difference
Temporary differences may be eithera) taxable temporary differences
Temporary difference
a) taxable temporary differences bull which are 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
b) deductible temporary differencesbull which are temporary differences that will result in
amounts that are deductible in determining taxable profit (tax loss) of future periods when the
copy 2005-07 Nelson 22
taxable profit (tax loss) of future periods when the carrying amount of the asset or liability is recovered or settled
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
12
3 Temporary Difference
Taxable
Temporary difference
temporary difference
Deductible temporary difference
copy 2005-07 Nelson 23
difference
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
temporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount
eg an assetrsquos carrying amount is higher than its tax base
copy 2005-07 Nelson 24
differenceFor
LiabilitiesPositive
Negative
eg an assetrsquos carrying amount is lower than its tax base
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
13
3 Temporary Difference
Taxable Tax baseTax base-Carrying amount
Carrying amount
Temporary differences
Deferredtemporary difference
Deductible temporary difference
ForAssets
Positive
Negative
amount Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 25
differenceFor
LiabilitiesPositive
NegativeUnused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
3 Temporary Difference
Taxable Deferred
Deferred tax assets or liabilities
Temporary differences Tax ratesx= Tax rates
Deferred tax liabilities aretemporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
Deferred tax liabilities are bull the amounts of income taxes payable in
future periods in respect of taxable temporary differences
Deferred tax assets arebull the amounts of income taxes recoverable
in future periods in respect ofa) deductible temporary differences
copy 2005-07 Nelson 26
difference
Unused tax losses ampor
credits Balance sheet liability methodBalance sheet liability method
) p yb) the carryforward of unused tax losses
andc) the carryforward of unused tax
credits
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
14
3 Temporary DifferenceExample
bull Some items have a tax base but are not recognised as assets and liabilities in the balance sheet
bull For example research costs of $1 000For example research costs of $1000ndash are recognised as an expense in determining accounting profit in the period
in which they are incurredndash may not be permitted as a deduction in determining taxable profit (tax loss)
until a later period
bull The difference betweenndash the tax base of the research costs being the amount the taxation authorities
copy 2005-07 Nelson 27
the tax base of the research costs being the amount the taxation authorities will permit as a deduction in future periods (ie $1000) and
ndash the carrying amount of nil is a deductible temporary difference that results in a deferred tax asset
3 Temporary Difference
bull Where the tax base of an asset or liability is not immediately apparentndash it is helpful to consider the fundamental principle uponit is helpful to consider the fundamental principle upon
which HKAS 12 is basedbull that an entity shall with certain limited exceptions
recognise a deferred tax liability (asset)ndash whenever recovery or settlement of the
carrying amount of an asset or liability would make future tax payments larger (smaller) than they would beif such recovery or settlement were to have no
Deferredtax liability
Future tax payment larger
copy 2005-07 Nelson 28
ndash if such recovery or settlement were to have no tax consequences
bull HKAS 1252 Example C illustrates circumstances when it may be helpful to consider this fundamental principle for example when the tax base of an asset or liability depends on the expected manner of recovery or settlement
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
15
3 Temporary Difference
bull In consolidated financial statements temporary differences are determined by comparing p gndash the carrying amounts of assets and liabilities
in the consolidated financial statements withndash the appropriate tax base
bull The tax base is determined by reference tondash a consolidated tax return in those
jurisdictions in which such a return is filed orndash in other jurisdictions the tax returns of each
copy 2005-07 Nelson 29
entity in the group
bull Melody Ltd sold goods at a price $6 million to its parent Bonnie and made a profit of $2 million on the transaction
Deferred tax implications
3 Temporary DifferenceExample
AnswersAnswersTo the group the carrying amount of the inventory excluding unrealised profit is $2 million ($3 million x 46) while the tax base is $3
bull The inventory of these goods recorded in Bonniersquos balance sheet at the year end of 31 May 2007 was $3 million
bull The entities file income tax return individually
copy 2005-07 Nelson 30
unrealised profit is $2 million ($3 million x 46) while the tax base is $3 million (the unrealised profit taxed in the seller Melody)
A deferred tax asset is resulted from a deductible temporary difference (whether to be recognised or not subject to certain limitations under HKAS 12 to be discussed later)
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
16
3 Temporary Differencebull Bonnie purchased an item of plant for $2000000 on 1 Oct 2006 bull It had an estimated life of eight years and an estimated residual value
of $400000
Example
of $400000 bull The plant is depreciated on a straight-line basis bull The tax authorities do not allow depreciation as a deductible expensebull Instead a tax expense of 40 of the cost of this type of asset can be
claimed against income tax in the year of purchase and 20 per annum (on a reducing balance basis) of its tax base thereafter
bull The rate of income tax can be taken as 25C l l t th d f d t i t f t 30 S 2009
copy 2005-07 Nelson 31
bull Calculate the deferred tax impact for years up to 30 Sep 2009
Answers
3 Temporary DifferenceExample
Depreciation$1600000
8 years$ 200000
On 1 Oct 2006 Bonnie purchased a plantbull Purchase cost $2000000bull Estimated residual value $400000bull Estimated useful life 8 yearsbull Depreciation basis Straight-line
The tax authority does not allow depreciation as a deductible expense but grants
copy 2005-07 Nelson 32
bull Initial allowance 40 on cost bull Annual allowance 20 pa on tax basebull Income tax rate 25
$ 800000
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
17
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200
copy 2005-07 Nelson 33
3 Temporary Difference
Answers
Example
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 15025
copy 2005-07 Nelson 34
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
18
Answers
3 Temporary DifferenceExample
($rsquo000)Carrying amount Tax base
Temporary difference
Deferred tax
liabilities
Deferred tax charge
(credit)
Addition 2000 2000
Depreciation (200) (800)
2007 year end 1800 1200 600 150 150
Depreciation (200) (240)
copy 2005-07 Nelson 35
Depreciation (200) (240)
2008 year end 1600 960 640 160 10
Depreciation (200) (192)
2009 year end 1400 768 632 158 (2)
3 Temporary DifferenceExample
Examples of circumstances resulting in taxable temporary differences1 Depreciation of an asset is accelerated
for tax purposes Taxable Deferredp p2 Interest revenue is received in arrears
and is included in accounting profit on a time apportionment basis but is included in taxable profit on a cash basis
3 Development costs have been capitalised and will be amortised to the income statement but were deducted in determining taxable profit in the period in which they were incurred
4 Prepaid expenses have already been deducted on a cash basis in
temporary difference
Deferred tax liability
copy 2005-07 Nelson 36
4 Prepaid expenses have already been deducted on a cash basis in determining the taxable profit of the current or previous periods
5 Financial assets or investment property are carried at fair value which exceeds cost but no equivalent adjustment is made for tax purposes
6 An entity revalues property plant and equipment (under HKAS 16) but no equivalent adjustment is made for tax purposes
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
19
3 Temporary DifferenceExample
Examples of circumstances resulting in deductible temporary differences1 Accumulated depreciation of an asset in the financial statements is greater
than the cumulative depreciation allowed up to the balance sheet date for tax p ppurposes
2 The net realisable value of an item of inventory or the recoverable amount of an item of property plant or equipment is less than the previous carrying amount and an entity therefore reduces the carrying amount of the asset but that reduction is ignored for tax purposes until the asset is sold
3 Research costs are recognised as anexpense in determining accountingprofit but are not permitted as a
Deductible temporary difference
Deferred tax asset
copy 2005-07 Nelson 37
profit but are not permitted as a deduction in determining taxable profit until a later period
4 Income is deferred in the balance sheet but has already been included in taxable profit in current or prior periods
5 Financial assets or investment property are carried at fair value which is less than cost but no equivalent adjustment is made for tax purposes
difference
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 38
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
20
Taxable Deferred
4 Recognition of Deferred Tax Assets Liabilities
All recognised
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
copy 2005-07 Nelson 39
Balance sheet liability methodBalance sheet liability methodFull provision approachFull provision approach
difference
Unused tax losses or credits
Taxable
Except for
DeferredA deferred tax liability shall be
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
A deferred tax asset shall be recognised for
all deductible temporary differences
copy 2005-07 Nelson 40
Full provision approachFull provision approach
difference
Unused tax losses or credits
all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
21
4 Recognition of Deferred Tax Assets Liabilities
Case
2006 Annual Reportbull Deferred tax
ndash is recognised on temporary differences betweenbull the carrying amount of assets and liabilities in the balance sheetbull and the amount attributed to such assets and liabilities for tax purposes
bull Deferred tax liabilitiesndash are generally recognised for all taxable temporary differences and
copy 2005-07 Nelson 41
g y g p yDeferred tax assetsndash are recognised to the extent it is probable that future taxable profits will be
available against which deductible temporary differences can be utilised
Taxable DeferredA deferred tax liability shall be
Except forSome cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities
temporary difference
Deductible temporary difference
Deferred tax liability
Deferred tax asset
recognised for all taxable temporary differences
Deferred tax assets are the amounts of income taxes recoverable in future periods in respect of
copy 2005-07 Nelson 42
Full provision approachFull provision approach
difference
Unused tax losses or credits
periods in respect ofa) deductible temporary differencesb) the carry-forward of unused tax
losses andc) the carry-forward of unused tax
credits
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
22
4 Recognition of Deferred Tax Assets Liabilities
Some cases specified in HKAS 12
Taxable DeferredA deferred tax liability shall be
ndashndash Taxable temporary differencesTaxable temporary differences
temporary difference
Deferred tax liability
recognised for all taxable temporary differences
Except to the extent that the deferred tax liability arises from a) the initial recognition of goodwill or Goodwill exemption
copy 2005-07 Nelson 43
b) the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss) Initial recognition exemption
4 Recognition of Deferred Tax Assets Liabilities
A deferred tax asset shall be i d f
Deductible temporary Deferred
Some cases specified in HKAS 12
ndashndash Deductible temporary differencesDeductible temporary differences
recognised for all deductible temporary differencesto the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised
temporary difference
Unused tax losses or credits
tax asset
unless the deferred tax asset arises from the initial recognition of an asset or liability in a
copy 2005-07 Nelson 44
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
initial recognition of an asset or liability in a transaction that
Initial recognition exemption
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
23
Yes
4 Recognition of deferred tax assetsliabilities
Does deferred tax arise from initial recognition of an asset or liability No
4 Recognition of Deferred Tax Assets Liabilities ndash Initial recognition exemption
R i d f d t
No
No
Is the recognition resulted from a business combination
Does it affect either accounting profitloss or taxable profitlossat the time of the transaction
N t i
Yes
Yes
copy 2005-07 Nelson 45
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
Recognise deferred tax (subject to other exceptions)
Not recognisedeferred tax assetliability
Examples in Hong Kongradic
4 Recognition of Deferred Tax Assets Liabilities ndashndash Initial recognition exemptionInitial recognition exemption
bull Land cost of a propertybull Cost of demolishing of a buildingbull Intangible assets not tax deductible
eg purchase of trademarksbull Prescribed fixed assets
radicradicradic
times
copy 2005-07 Nelson 46
- the initial recognition of an asset or liability in a transaction which 1 is not a business combination and2 at the time of the transaction affects neither accounting profit
nor taxable profit (tax loss)
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
24
4 Recognition of Deferred Tax Assets LiabilitiesCase
Galaxy Entertainment Group Limited(2005 Annual Report)ndash Deferred taxation is provided in full using the liability
method on temporary differences arising between bull the tax bases of assets and liabilities andbull their carrying amounts in the financial statements
ndash However if the deferred tax arises frombull initial recognition of an asset or liability in a transaction bull other than a business combination that at the time of the
copy 2005-07 Nelson 47
transactionbull affects neither accounting nor taxable profit or loss
ndash it is not accounted for
As discussed an entity shall not recognise a deferred tax liability
Some cases specified in HKAS 12
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
arising froma) the initial recognition of goodwill helliphellip
Business Combination
copy 2005-07 Nelson 48
Goodwill
Business Combination
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
25
bull The cost of a business combination ndash is allocated by recognising the identifiable assets
acquired and liabilities assumed
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
qbull at their fair values at the acquisition date
bull Temporary differences arise ndash when the tax bases of the identifiable assets acquired and
liabilities assumedbull are not affected by the business combination orbull are affected differently
Business Combination
copy 2005-07 Nelson 49
Business Combination
bull Goodwill arising in a business combinationndash is measured as the excess of the cost of the combination over the acquirerrsquos
interest in the net fair value of the acquireersquos identifiable assets liabilities
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
q and contingent liabilities
bull Deferred tax relating to goodwill arising from initial recognition of goodwillndash when taxation authority does not allow any movement in goodwill as a
deductible expense in determining taxable profit (or when a subsidiary disposes of its underlying business) goodwill has a tax base of nilbull any difference between the carrying amount of goodwill and its tax base
f il i t bl t diff
copy 2005-07 Nelson 50
of nil is a taxable temporary difference
Goodwill
HKAS 12 does not permit the recognition of such resulting deferred tax liability because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
26
bull HKAS 12 does not permit the recognition of the resulting deferred tax liabilityndash because goodwill is measured as a residual and the recognition of the
4 Recognition of Deferred Tax Assets Liabilities ndashndash GoodwillGoodwill
because goodwill is measured as a residual and the recognition of the deferred tax liability would increase the carrying amount of goodwill
bull Subsequent reductions in a deferred tax liability that is unrecognisedndash because it arises from the initial recognition of goodwill are also regarded as
arising from the initial recognition of goodwill and are therefore not recognised
bull Deferred tax liabilities for taxable temporary differences relating to goodwill are
copy 2005-07 Nelson 51
ndash however recognised to the extent they do not arise from the initial recognition of goodwill
Goodwill
4 Recognition of Deferred Tax Assets Liabilities
bull Bonnie Ltd acquired Melody Ltd on 1 January 2007 for $6 million when the fair value of the net assets was $4 million and the tax written down
Deferred tax implications for the Bonnie Group of companiesExamplendashndash GoodwillGoodwill
value of the net assets was $3 million bull According to the local tax laws for Bonnie amortisation of goodwill is not
tax deductible
AnswersAnswersThe Cohort group Carrying Tax
amount baseG d ill $2 illi
Temporary differences
$2 illiDeferred
copy 2005-07 Nelson 52
Goodwill $2 million -Net assets $4 million $3 million
$2 million$1 million
bull Provision is made for the temporary differences of net assetsbull But NO provision is made for the temporary difference of goodwillbull As an entity shall not recognise a deferred tax liability arising from
initial recognition of goodwill
tax liability
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
27
4 Recognition of Deferred Tax Assets Liabilities ndashndash Compound Financial InstrumentsCompound Financial Instruments
bull In accordance with IAS 32 Financial Instruments Disclosure and Presentationbull the issuer of a compound financial instrument (forthe issuer of a compound financial instrument (for
example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity EquityEquity
LiabilityLiability
copy 2005-07 Nelson 53
To discuss more later helliphellip
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
bull A deferred tax asset shall be recognised for the carry-forward ofbull unused tax losses and
Deductible temporary difference
Deferred tax asset
Deductible temporary difference
Deferred tax asset
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
bull unused tax losses and bull unused tax credits
ndash to the extent that it is probablethat future taxable profit will be available against which the unused tax losses and unused tax credits can be utilised
difference
Unused tax losses or credits
difference
Unused tax losses or credits
copy 2005-07 Nelson 54
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
bull To the extent that it is not probable that taxable profit will be available against which the unused tax losses or unused tax credits can be utilisedndash the deferred tax asset is not recognised
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
28
Examples criteria in assessing available taxable profitExamples criteria in assessing available taxable profita) whether there are sufficient taxable temporary differences relating to
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unused tax losses and tax creditsUnused tax losses and tax creditsExample
) p y gthe same taxation authority and the same taxable entity
b) whether it is probable to have taxable profits before the unused tax losses or unused tax credits expire
c) Whether the unused tax losses result from identifiable causes which are unlikely to recur and
d) whether tax planning opportunities are available
copy 2005-07 Nelson 55
4 Recognition of Deferred Tax Assets Liabilities
Melco Development Limited (2005 Annual Report)
Case ndashndash Unused tax losses and tax creditsUnused tax losses and tax credits
bull A deferred tax asset has been recognised helliphellip to the extent thatrealisation of the related tax benefit through future taxable profit is probable
bull A deferred tax asset is recognised on the balance sheet in view thatndash the relevant subsidiary in the investment banking and the financial services
segment has been profit making in recent years
copy 2005-07 Nelson 56
bull No deferred tax asset has been recognised ndash in respect of the remaining tax loss due to the unpredictability of future profit
streams
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
29
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Periodic Re-assessmentbull At each balance sheet date
ndash an entity re-assesses unrecognised deferred tax assets
bull The entity recognises a previously unrecognised deferred tax asset
ndash to the extent that it has become probable that future taxable profit will allow the deferred tax asset to be recovered
copy 2005-07 Nelson 57
4 Recognition of Deferred Tax Assets Liabilities ndashndash Unrecognised deferred tax assetsUnrecognised deferred tax assets
Examples to Indicate Recognition of Previously Unrecognised Deferred Examples to Indicate Recognition of Previously Unrecognised Deferred Tax AssetsTax Assets
Example
Tax AssetsTax Assetsa) An improvement in trading conditions
ndash This may make it more probable that the entity will be able to generate sufficient taxable profit in the future for the deferred tax asset to meet the recognition criteria set out above
b) Another example is when an entity re-assesses deferred tax assets at the date of a business combination or subsequently
copy 2005-07 Nelson 58
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
30
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax liability for all taxable temporary differences associated with investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash except to the extent that both of the following
conditions are satisfieda) the parent investor or venturer is able to control
the timing of the reversal of the temporary difference and
b) it is probable that the temporary difference will
copy 2005-07 Nelson 59
not reverse in the foreseeable future
4 Recognition of Deferred Tax Assets Liabilities ndashndash Subsidiary branch associate JVSubsidiary branch associate JV
bull An entity shall recognise a deferred tax asset for all deductible temporary differences arising from investments in subsidiaries branches andinvestments in subsidiaries branches and associates and interests in joint ventures ndash to the extent that and only to the extent that it is
probable thata) the temporary difference will reverse in the
foreseeable future andb) taxable profit will be available against which
the temporary difference can be utilised
copy 2005-07 Nelson 60
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
31
5 MeasurementaTax rate
bull Deferred tax assets and liabilities shall be measured at the tax rates that
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
thatbull are expected to apply to the period when the asset is realised or
the liability is settled bull based on tax rates (and tax laws) that have been enacted or
substantively enacted by the balance sheet datebull The measurement of deferred tax liabilities and deferred tax assets
shall reflect the tax consequences that would follow from the manner in which the entity expects at the balance sheet date to recover or
copy 2005-07 Nelson 61
in which the entity expects at the balance sheet date to recover or settle the carrying amount of its assets and liabilities
bull Deferred tax assets and liabilities shall not be discounted
Changes in the applicable tax rateChanges in the applicable tax rateAn entity has an asset with
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
Example
An entity has an asset with - a carrying amount of $100 - a tax base of $60
Tax rate - 20 for the asset were sold- 30 for other income
AnswersAnswersTemporary differenceAnswersAnswersTemporary differenceAnswersTemporary difference $40 ($100 - $60)
copy 2005-07 Nelson 62
Temporary difference
Deferred tax liability
Temporary difference
Deferred tax liability
Temporary difference $40 ($100 $60)a) If it expects to sell the asset without further use
Deferred tax liability $8 ($40 at 20)b) if it expects to retain the asset and recover its carrying amount
through useDeferred tax liability $12 ($40 at 30)
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
32
5 Measurement
Th i t f d f d t t h ll b i d t
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
bDeferred tax assetsaTax rate
bull The carrying amount of a deferred tax asset shall be reviewed at each balance sheet date
bull An entity shall 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
bull Any such reduction shall be reversed to the extent that it becomes b bl th t ffi i t t bl fit ill b il bl
copy 2005-07 Nelson 63
probable that sufficient taxable profit will be available
5 MeasurementCase
Deferred tax assets or liabilities
Deferred tax assets or liabilities
Temporary differencesTemporary differences Tax ratesTax ratesx= Tax ratesTax rates
200405 Annual Reportbull The carrying amount of a deferred tax asset
ndash is reviewed at each balance sheet date andndash is reduced to the extent that it is no longer probable that sufficient taxable
profit will be available to allow the related tax benefit to be utilizedbull Any such reduction is reversed to the extent that it becomes probable
that sufficient taxable profit will be available
copy 2005-07 Nelson 64
that sufficient taxable profit will be available
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
33
5 Measurement Deferred tax assets or liabilities
Deferred tax assets or liabilities
Dr Cr Deferred tax liabilities
Dr Deferred tax assetsCr
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
copy 2005-07 Nelson 65
Dr Deferred tax assetsCr Tax income
Dr Tax expensesCr Deferred tax liabilities
That simple
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 66
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
34
Dr Tax expensesCr Deferred tax liabilitiesDr Tax expenses or EquityDr Tax expenses or Equity or Goodwill
6 Recognition of deferred tax chargecredit
Dr Deferred tax assetsCr Tax incomeCr Tax income or EquityCr Tax income or Equity or Goodwill
except to the extent that the tax arises from
bull Current and deferred tax shall be recognised as income or an expense and included in the profit or loss for the period
a) a transaction or event which is recognised in the same or
copy 2005-07 Nelson 67
b) a business combination that is an acquisition
a) a transaction or event which is recognised in the same or a different period directly in equity or
Cr Deferred tax liabilitiesDr Tax expenses and Equity
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or creditedbull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Example
Extract of trial balance at year end HK$rsquo000Deferred tax liabilities (Note) 5200
Note Deferred tax liability is to be increased to $74 million of which
copy 2005-07 Nelson 68
Note Deferred tax liability is to be increased to $74 million of which $1 million is related to the revaluation gain of a property
Answers HK$rsquo000 HK$000
Dr Deferred tax expense ($74 - $52 - $1) 1200Revaluation reserves 1000
Cr Deferred tax liabilities ($74 ndash $52) 2200
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
35
Dr Tax expenses and EquityCr Deferred tax liabilities
bull Current tax and deferred tax shall be charged or credited
6 Recognition of deferred tax chargecreditndash Charged or credited to equity directly
bull Current tax and deferred tax shall be charged or credited directly to equity if the tax relates to items that are credited or charged in the same or a different period directly to equity
Certain HKASs and HKASs require or permit certain items to be credited or charged directly to equity examples include
1 Revaluation difference on property plant and equipment under HKAS 16
copy 2005-07 Nelson 69
HKAS 162 Adjustment resulted from either a change in accounting policy or the
correction of an error under HKAS 83 Exchange differences on translation of a foreign entityrsquos financial
statements under HKAS 214 Available-for-sale financial assets under HKAS 39
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assets
bull Temporary differences may arise in a business combinationbull In accordance with HKFRS 3 an entity recognises any resulting
deferred tax assets (to the extent they meet the recognition criteria) or deferred tax liabilities are recognised as identifiable assets and
Dr Deferred tax assetsCr Tax income or Goodwill
copy 2005-07 Nelson 70
liabilities at the date of acquisitionbull Consequently those deferred tax assets and liabilities affect goodwill or
ldquonegative goodwillrdquobull However in accordance with HKAS 12 an entity does not recognise
deferred tax liabilities arising from the initial recognition of goodwill
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
36
Cr Deferred tax liabilitiesDr Tax expenses or Goodwill
Dr Deferred tax assets
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
Dr Deferred tax assetsCr Tax income or Goodwill
bull For example the acquirer may be able to utilise the benefit of its unused tax losses against the future taxable profit of the acquiree
bull In such cases the acquireri d f d t t
copy 2005-07 Nelson 71
bull recognises a deferred tax assetbull but does not include it as part of the accounting for business
combination andbull therefore does not take it into account in determining the
goodwill or the ldquonegative goodwillrdquo
Dr Tax expenses or GoodwillCr Deferred tax liabilities
Dr Deferred tax assets
Deferred tax assets can be recognised subsequent to the date of acquisition but the acquirer cannot recognise
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combination
ExampleExampleFair BV at Tax
value subsidiary base
Net assets acquired $1200 $1000 $1000Subsidiaryrsquos used tax losses $1000
Dr Deferred tax assetsCr Tax income or Goodwill
negative goodwill nor does it increase the negative goodwill
copy 2005-07 Nelson 72
yTax rate 20
rArrrArr Taxable temporary difference $200Deductible temporary difference $1000
Deferred tax assets may be recognised as one of the identifiable assets in the acquisition (subject to limitations)
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
37
bull An entity acquired a subsidiary that had deductible temporary differences of $300
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
bull The tax rate at the time of the acquisition was 30bull The resulting deferred tax asset of $90 was not recognised as an
identifiable asset in determining the goodwill of $500 that resulted from the business combination
bull 2 years after the combination the entity assessed that future taxable profit should be sufficient to recover the benefit of all the deductible temporary differences
copy 2005-07 Nelson 73
bull The entity recognises a deferred tax asset of $90 and in PL deferred tax income of $90
bull The entity also reduces the carrying amount of goodwill by $90 and
6 Recognition of deferred tax chargecreditndash Deferred tax arising from a business combinationExample
The entity also reduces the carrying amount of goodwill by $90 and recognises an expense for this amount in profit or loss
bull Consequently the cost of the goodwill is reduces to $410 being the amount that would have been recognised had the deferred tax asset of $90 been recognised as an identifiable asset at the acquisition date
bull If the tax rate had increased to 40 the entity would recognisea deferred tax asset of $120 ($300 at 40) and in PL deferred tax income of $120
copy 2005-07 Nelson 74
income of $120bull If the tax rate had decreased to 20 the entity would recognise
a deferred tax asset of $60 ($300 at 20) and deferred tax income of $60bull In both cases the entity would also reduce the carrying amount of
goodwill by $90 and recognise an expense for the amount in profit or loss
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
38
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 75
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
7 Presentation
a OffsetAn entity shall offset deferred tax assets and deferred tax liabilities if
d l if
7 Presentation
and only if a) the entity has a legally enforceable right to set off current tax
assets against current tax liabilities and b) the deferred tax assets and the deferred tax liabilities relate to
income taxes levied by the same taxation authority on either i) the same taxable entity or ii) different taxable entities which intend either
copy 2005-07 Nelson 76
)bull to settle current tax liabilities and assets on a net basisbull or to realise the assets and settle the liabilities simultaneously
in each future period in which significant amounts of deferred tax liabilities or assets are expected to be settled or recovered
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
39
7 Presentation
a Offset
b Tax expenses and income
7 Presentation
bull The tax expense and income related to profit or loss from ordinary activities
bull shall be presented on the face of the income statement
p
copy 2005-07 Nelson 77
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
A Current TaxesB Deferred Taxes
1 Overview of deferred taxes2 Tax base3 Temporary differences4 Recognition of deferred tax assetsliabilities5 Measurement
copy 2005-07 Nelson 78
6 Recognition of deferred tax chargecredit7 Presentation8 Disclosure
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
40
Selected major items to be disclosed separatelySelected major items to be disclosed separately
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 Disclosure
Tax relating to items that are charged or credited to equity bull A tax reconciliation
An explanation of the relationship between tax expense (income) and accounting profit in either or both of the following forms1 a numerical reconciliation between
bull tax expense (income) and bull the product of accounting profit multiplied by the applicable tax rate(s)
copy 2005-07 Nelson 79
disclosing also the basis on which the applicable tax rate(s) is (are) computed or
2 a numerical reconciliation between bull the average effective tax rate and bull the applicable tax rate
disclosing also the basis on which the applicable tax rate is computed
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
Tax relating to items that are charged or credited to equity bull A tax reconciliation
Example note on tax reconciliation (no comparatives)HK$rsquo000
Profit before tax 3500
Tax on profit before tax calculated at applicable tax rate 613 175Tax effect of non-deductible expenses 50 14
copy 2005-07 Nelson 80
Tax effect of non-taxable revenue (215) (61)Tax effect of unused tax losses not recognised 102 29Effect on opening deferred tax balances resulting froman increase in tax rate during the year 200 57Over provision in prior years (150) (43)
Tax expenses and effective tax rate 600 171
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
41
bull Major components of tax expense (income)bull Tax relating to items that are charged or credited to equity
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Tax relating to items that are charged or credited to equity bull A tax reconciliationbull An explanation of changes in the applicable tax rate(s) compared to
the previous periodbull The amount (and expiry date if any) of deductible temporary
differences unused tax losses and unused tax credits for which no deferred tax asset is recognised
bull The aggregate amount of temporary differences associated with
copy 2005-07 Nelson 81
bull The aggregate amount of temporary differences associated with investments in subsidiaries branches and associates and interests in joint ventures for which deferred tax liabilities have not been recognised
bull In respect of each type of temporary difference and in respect of each type of unused tax losses and unused tax credits
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
Example
i) the amount of the deferred tax assets and liabilities recognised in the balance sheet for each period presented
ii) the amount of the deferred tax income or expense recognised in the income statement if this is not apparent from the changes in the amounts recognised in the balance sheet and
Example note Depreciationallowances in
copy 2005-07 Nelson 82
Deferred tax excess of related Revaluationarising from depreciation of properties Total
HK$rsquo000 HK$rsquo000 HK$rsquo000At 1 January 2003 800 300 1100Charged to income statement (120) - (120)Charged to reserves - 2100 2100At 31 December 2003 680 2400 3080
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
42
bull In respect of discontinued operations the tax expense relating toi) the gain or loss on discontinuance and
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
ii) the profit or loss from the ordinary activities of the discontinued operation for the period together with the corresponding amounts for each prior period presented and
copy 2005-07 Nelson 83
bull The amount of income tax consequences of dividends to shareholders of the entity that were proposed or declared before the financial
8 DisclosureSelected major items to be disclosed separatelySelected major items to be disclosed separately
bull The amount of a deferred tax asset and the nature of the evidence supporting its recognition when a) the utilization of the deferred tax asset is dependent on future
taxable profits in excess of the profits arising from the reversal of existing taxable temporary differences and
b) th tit h ff d l i ith th t di
statements were authorized for issue but are not recognised as a liability in the financial statements
copy 2005-07 Nelson 84
b) the entity has suffered a loss in either the current or preceding period in the tax jurisdiction to which the deferred tax asset relates
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
43
IIII HKAS 12 HKAS 12 ndashndash Income TaxesIncome Taxes
Todayrsquos Agenda
II IntroductionIntroduction
A Current TaxesB Deferred Taxes
IIIIII HK(SIC) Interpretation 21 HK(SIC) Interpretation 21 ndashndash Income Tax Income Tax ndashndashRecovery of Revalued NonRecovery of Revalued Non--Depreciable AssetsDepreciable Assets
1 Issue2 Basis for Conclusions3 Conclusions
copy 2005-07 Nelson 85
3 Conclusions4 Implication to Property in HK 5 Effective Date
II HK(SIC) Interpretation 21
Income Tax ndash Recovery of Revalued Non-Depreciable Assets1 Issue2 Basis for Conclusions3 Conclusions4 Implication to Property in HK 5 Effective Date
copy 2005-07 Nelson 86
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
44
1 Issue
bull Under HKAS 1251 the measurement of deferred tax liabilities and assets should reflectndash the tax consequences that would follow from the manner in whichthe tax consequences that would follow from the manner in whichndash the entity expects at the balance sheet date to recover or settle the
carrying amount of those assets and liabilities that give rise to temporary differences
Recover
copy 2005-07 Nelson 87
Recover through usage
Recover from sale
1 Issue
bull HKAS 1220 notes thatndash the revaluation of an asset does not always affect taxable profit (tax loss) in
the period of the revaluation andpndash that the tax base of the asset may not be adjusted as a result of the
revaluationbull If the future recovery of the carrying amount will be taxable
ndash any difference betweenbull the carrying amount of the revalued asset andbull its tax base
is a temporary difference and gives rise to a deferred tax liability or asset
copy 2005-07 Nelson 88
p y g y
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
45
1 Issue
bull The issue is how to interpret the term ldquorecoveryrdquo in relation to an asset thatndash is not depreciated (non-depreciable asset) andis not depreciated (non depreciable asset) andndash is revalued under the revaluation model of HKAS 16 (HKAS 1631)
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties whichndash are carried at revalued
amounts under HKAS 40 33
bull Interpretation 20 (superseded)ldquoalso applies to investment properties whichndash are carried at revalued
amounts under SSAP 13 rdquo
copy 2005-07 Nelson 89
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
amounts under HKAS 4033ndash but would be considered non-
depreciable if HKAS 16 were to be appliedrdquo
amounts under SSAP 13
2 Basis for Conclusions
bull The Framework indicates that an entity recognises an asset if it is probable that the future economic benefits associated with the asset will flow to the entityy
bull Generally those future economic benefits will be derived (and therefore the carrying amount of an asset will be recovered)ndash through salendash through use orndash through use and subsequent sale
Recover through use
and sale
copy 2005-07 Nelson 90
Recover from sale
Recover through usage
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
46
2 Basis for Conclusions
bull Recognition of depreciation implies thatndash the carrying amount of a depreciable asset
is expected to be recovered
Recovered through use (and final sale)
Depreciable assetis expected to be recovered
bull through use to the extent of its depreciable amount and
bull through sale at its residual value
( )
Recovered through sale
Non-depreciable
asset
bull Consistent with this the carrying amount of anon-depreciable asset such as land having an unlimited life will bendash recovered only through sale
copy 2005-07 Nelson 91
recovered only through sale
bull That is because the asset is not depreciatedndash no part of its carrying amount is expected to be recovered (that is
consumed) through usebull Deferred taxes associated with the non-depreciable asset reflect the tax
consequences of selling the asset
2 Basis for Conclusions
bull The expected manner of recovery is not predicated on the basis of measuringthe carrying amount of the asset
Recovered through use (and final sale)
Depreciable assety g
ndash For example if the carrying amount of a non-depreciable asset is measured at its value in use
bull the basis of measurement does not imply that the carrying amount of the asset is expected to be recovered through use but
( )
Recovered through sale
Non-depreciable
asset
copy 2005-07 Nelson 92
gthrough its residual value upon ultimate disposal
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
47
3 Conclusions
bull The deferred tax liability or asset that arises from the revaluation of a non-depreciable asset under the revaluation model of HKAS 16 (HKAS 1631) should be measured
Recover through use
and sale
)ndash on the basis of the tax consequences that would follow from
recovery of the carrying amount of that asset through salebull regardless of the basis of measuring the carrying amount of that asset
copy 2005-07 Nelson 93
Recover from sale
Recover through usage
No depreciation impliesnot expected to recover from usage
3 Conclusions
Tax rate on sale Tax rate on usageNot the same
bull Accordingly if the tax law specifiesndash a tax rate applicable to the taxable amount derived from the sale of
an assetndash that differs from the tax rate applicable to the taxable amount derived
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 94
from using an assetthe former rate is applied in measuring the deferred tax liability or asset related to a non-depreciable asset
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
48
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
bull Remember the scope identified in issue before helliphellip
bull HK(SIC) Interpretation 21ldquoalso applies to investment properties which
Used for non-depreciable asset Whatrsquos the implication on land in HK
copy 2005-07 Nelson 95
Implied thatbull an investment property if under HKAS 16
would be depreciable like land in HKbull the conclusion in HK(SIC) Interpretation
21 is not applicable to that property
ndash are carried at revalued amounts under HKAS 4033
ndash but would be considered non-depreciable if HKAS 16 were to be appliedrdquo
4 Implication to Property in HK
Tax rate on sale Tax rate on usageNot the same
Used for non-depreciable asset Whatrsquos the implication on land in HK
bull It implies thatndash the management cannot rely on HK(SIC) Interpretation 21 to
assume the tax consequences being recovered from salendash It has to consider which tax consequences that would follow
from the manner in which the entity expects to recover the
copy 2005-07 Nelson 96
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
ndash the profits tax rate would best reflect the taxconsequences of an investment property in HK
ndash unless the management has a definite intention to dispose of the investment property in future
Different from the past in most cases
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
49
4 Implication to Property in HK
Tax rate on sale Tax rate on usage
Howrsquos your usage on your investment property
copy 2005-07 Nelson 97
Recover from sale
Recover through usage
4 Implication to Property in HK
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
Case
Deferred Taxes related to Investment Propertiesbull In previous periods
ndash deferred tax consequences in respect of revalued investment properties were assessed on the basis of the tax consequence that would follow from recovery of the carrying amount of the properties through sale in accordance with the predecessor Interpretation
bull In the current period ndash the Group has applied HKAS Interpretation 21 Income Taxes ndash Recovery of
copy 2005-07 Nelson 98
p pp p yRevalued Non-Depreciable Assets which removes the presumption that the carrying amount of investment properties are to be recovered through sale
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
50
4 Implication to Property in HKCase
Melco Development Limited (2005 Annual Report)Deferred Taxes related to Investment Properties
bull Therefore the deferred tax consequences of the investment properties are now assessed
ndash on the basis that reflect the tax consequences that would follow from the manner in which the Group expects to recover the property at each balance sheet date
bull In the absence of any specific transitional provisions in HKAS Interpretation 21
Deferred Taxes related to Investment Properties
copy 2005-07 Nelson 99
Interpretation 21ndash this change in accounting policy has been applied retrospectively resulting
in a recognition ofbull HK$9492000 deferred tax liability for the revaluation of the investment
properties and bull HK$9492000 deferred tax asset for unused tax losses on 1 January
2004
4 Implication to Property in HK
Interim Report 2005 clearly stated that
Case
bull The directors consider it inappropriate for the company to adopt two particular aspects of the newrevised HKFRSs as these would result in the financial statements in the view of the directors eitherbull not reflecting the commercial substance of the business orbull being subject to significant potential short-term volatility as explained
below helliphellip
copy 2005-07 Nelson 100
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
51
4 Implication to Property in HKCase
Interim Report 2005 clearly stated that
bull HKAS 12 ldquoIncome Taxesrdquo together with HKAS-INT 21 ldquoIncome Taxes ndashRecovery of Revalued Non-Depreciable Assetsrdquo requires deferred taxation to be recognised on any revaluation movements on investment properties
bull It is further provided that any such deferred tax liability should be calculated at the profits tax rate in the case of assets which the management has no definite intention to sell
bull The company has not made such provision in respect of its HK investment properties since the directors consider that such provision would result in the
copy 2005-07 Nelson 101
financial statements not reflecting the commercial substance of the businesssince should any such sale eventuate any gain would be regarded as capital in nature and would not be subject to any tax in HK
bull Should this aspect of HKAS 12 have been adopted deferred tax liabilities amounting to HK$2008 million on the revaluation surpluses arising from revaluation of HK investment properties would have been provided(estimate - over 12 of the net assets at 30 June 2005)
4 Implication to Property in HKCase
2006 Annual Report stated that
bull In prior years the group was required to apply the tax rate that would be applicable to the sale of investment properties to determine whether any amounts of deferred tax should be recognised on the revaluation of investment propertiesbull Consequently deferred tax was only provided to the extent that tax
allowances already given would be clawed back if the properties were disposed of at their carrying value as there would be no additional tax payable on disposal
copy 2005-07 Nelson 102
payable on disposalbull As from 1 January 2005 in accordance with HK(SIC) Interpretation
21 the group recognises deferred tax on movements in the value of an investment property using tax rates that are applicable to the propertyrsquos use if the group has no intention to sell it and the property would have been depreciable had the group not adopted the fair value model helliphellip
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
52
III For Further Discussion
I t f HKFRSHKAS
copy 2005-07 Nelson 103
Impact of some new HKFRSHKAS1 HKAS 16 17 and 402 HKAS 32 and 393 HKFRS 2
1 Impact of HKAS 16 17 and 40
Property leases and Investment property
copy 2005-07 Nelson 104
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
53
1 Impact of HKAS 16 17 and 40Example
bull GV ldquopurchasedrdquo a property for $100 million in Hong Kong in 2006
ndash In fact it is a lease of land and building with 50 remaining yearsg g y
ndash Based on relative fair value of land and building
bull Estimated land element is $60 million
bull Estimated building element is $40 million
ndash The accounting policy of the company
bull Rental payments on operating lease is recognised over the lease term on a straight line basis
No tax deductionClaim CBAIBA or other
copy 2005-07 Nelson 105
term on a straight line basis
bull Building is depreciated over 50 years on a straight-line basis
ndash What is the deferred tax implicationAlso depend on
the tax authorityrsquos practice
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40Example
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separatedpropertybull Investment property
bull Property intended forsale in the ordinarycourse of business
bull Property being constructedfor 3rd parties
HKAS 40
HKAS 2
HKAS 11
separatedbull Single (Cost or FV)
say as a single assetbull Lower of cost or NRV
bull With attributable profitloss
copy 2005-07 Nelson 106
for 3rd partiesbull Property leased out
under finance leasebull Property being constructed
for future use asinvestment property
HKAS 17
HKAS 16 amp 17
profitlossbull In substance sales
bull Single (Cost or FV) say as a single asset
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
54
Property can be classified asbull Owner-occupied
property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 16 amp 17
AccountingAccountingbull Land and building
separated
Example
property separated
If a property located in HK is ldquopurchasedrdquo and is carried at cost as officebull Land element can fulfil initial recognition exemption ie no deferred
tax recognisedbull Building element
deferred tax resulted from the temporary difference between its tax base and carrying amount
copy 2005-07 Nelson 107
base and carrying amountFor example at year end 2006Carrying amount ($40M - $40M divide 50 years) $ 392 millionTax base ($40M times (1 ndash 4 CBA)) 384 millionTemporary difference $ 08 million HK profit tax rate (as recovered by usage) 175
How if IBA
Property can be classified asbull Investment property
1 Impact of HKAS 16 17 and 40
Which HKASWhich HKASHKAS 40
AccountingAccountingbull Single (Cost or FV)
say as a single asset
Example
say as a single asset
Simple hellip bull Follow HK(SIC) Interpretation 21 Income Tax ndash Recovery of Revalued
Non-Depreciable Assetsbull The management has to consider which tax consequences that would
follow from the manner in which the entity expects to recover the carrying amount of the investment property
copy 2005-07 Nelson 108
carrying amount of the investment propertybull As an investment property is generally held to earn rentals
bull the profits tax rate (ie 16) would best reflect the tax consequences of an investment property in HK
bull unless the management has a definite intention to dispose of the investment property in future
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
55
2 Impact of HKAS 32 and 39
Financial Instruments
copy 2005-07 Nelson 109
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32 and 39HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
HKAS 39
at Fair Value through profit or loss
at Fair Value through equity
FA at FV through PL
AFS financial
copy 2005-07 Nelson 110
at Fair Value through equity
at Amortised Cost
at Amortised Cost
at Cost
Loans and receivables
HTM investments
AFS financial assets
Also depend on the tax authorityrsquos
practice
Howrsquos HKrsquos IRD practice
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
56
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4221bull The labels of ldquoliabilityrdquo and ldquoequityrdquo may not reflect the legal nature of the
financial instrumentbull Though the preference shares are accounted for as financial liabilities and
the dividends declared are charged as interest expenses to the profit and l t d HKAS 32
copy 2005-07 Nelson 111
loss account under HKAS 32ndash the preference shares will be treated for tax purposes as share capital
because the relationship between the holders and the company is not a debtor and creditor relationship
bull Dividends declared will not be allowed fordeduction as interest expenses andwill not be assessed as interest income
Any deferred tax implication
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 32HKAS 32
bull Preference shares ndash dividend as interest expensesbull Compound financial instrument
DIPN 4222bull HKAS 32 requires the issuer of a compound financial instrument to split the
instrument into a liability component and an equity component and present them separately in the balance sheet
bull The Department
copy 2005-07 Nelson 112
p ndash while recognising that the accounting treatment might reflect the
economic substancendash will adhere to the legal form of the
compound financial instrument andtreat the compound financial instrumentfor tax purposes as a whole
Any deferred tax implication
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
57
bull In accordance with HKAS 32 Financial Instruments Disclosure and Presentation
th i f d fi i l i t t (f l
2 Impact of HKAS 32 and 39
bull the issuer of a compound financial instrument (for example a convertible bond) classifies the instrumentrsquos bull liability component as a liability andbull equity component as equity
copy 2005-07 Nelson 113
bull In some jurisdictions the tax base of the liability component on initial recognition is equal to the initial carrying amount of the sum of the liability and equity components
2 Impact of HKAS 32 and 39
liability and equity componentsbull The resulting taxable temporary difference arises from the initial
recognition of the equity component separately from the liability component
bull Therefore the exception set out in HKAS 1215(b) does not applybull Consequently an entity recognises the resulting deferred tax liabilitybull In accordance with HKAS 1261
copy 2005-07 Nelson 114
bull the deferred tax is charged directly to the carrying amount of the equity component
bull In accordance with HKAS 1258bull subsequent changes in the deferred tax liability are recognised in
the income statement as deferred tax expense (income)
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
58
2 Impact of HKAS 32 and 39Example
bull An entity issues a non-interest-bearing convertible loan and receives $1000 on 31 Dec 2007
bull The convertible loan will be repayable at par on 1 January 2011bull In accordance with HKAS 32 Financial Instruments Disclosure and
Presentation the entity classifies the instrumentrsquos liability component as a liability and the equity component as equity
bull The entity assigns an initial carrying amount of $751 to the liability component of the convertible loan and $249 to the equity component
bull Subsequently the entity recognizes imputed discount as interest
copy 2005-07 Nelson 115
expenses at an annual rate of 10 on the carrying amount of the liability component at the beginning of the year
bull The tax authorities do not allow the entity to claim any deduction for the imputed discount on the liability component of the convertible loan
bull The tax rate is 40
2 Impact of HKAS 32 and 39Example
The temporary differences associated with the liability component and the resulting deferred tax liability and deferred tax expense and income are as follows
2007 2008 2009 2010
Carrying amount of liability component 751 826 909 1000Tax base 1000 1000 1000 1000Taxable temporary difference 249 174 91 -
Opening deferred tax liability tax at 40 0 100 70 37
copy 2005-07 Nelson 116
p g y Deferred tax charged to equity 100 - - -Deferred tax expense (income) - (30) (33) (37)Closing deferred tax liability at 40 100 70 37 -
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
59
2 Impact of HKAS 32 and 39Example
As explained in HKAS 1223 at 31 Dec 2007 the entity recognises the resulting deferred tax liability by adjusting the initial carrying amount of the equity component of the convertible liability Therefore the amounts recognised at that d t f lldate are as follows
Liability component $ 751Deferred tax liability 100Equity component (249 less 100) 149
1000
Subsequent changes in the deferred tax liability are recognised in the income statement as tax income (see HKAS 1223) Therefore the entityrsquos income
i f ll
copy 2005-07 Nelson 117
statement is as follows2007 2008 2009 2010
Interest expense (imputed discount) - 75 83 91Deferred tax (income) - (30) (33) (37)
- 45 50 54
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
FA at FV through PL
AFS financial assets
bull On the whole the Department will follow the accounting treatment stipulated in HKAS 39 in the recognition of profits or losses in respect of financial assets of revenue nature (see para 23 to 26)
bull Accordingly for financial assets or financial liabilities at fair value through profit or lossndash the change in fair value is assessed or allowed when the change is taken
to the profit and loss account
copy 2005-07 Nelson 118
to the profit and loss accountbull For available-for-sale financial assets
ndash the change in fair value that is taken to the equity account is not taxable or deductible until the assets are disposed of
ndash The cumulative change in fair value is assessed or deducted when it is recognised in the profit and loss account in the year of disposal
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
60
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2113
bull For loans and receivables and held-to-maturity investmentsndash the gain or loss is taxable or deductible when the financial asset is
bull derecognised or impaired andbull through the amortisation process
bull Valuation methods previously permitted for financial instruments ndash such as the lower of cost or net realisable value basis
copy 2005-07 Nelson 119
ndash will not be accepted
Loans and receivables
HTM investments
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2114
bull Under HKAS 39 the amortised cost of a financial asset or financial liability should be measured using the ldquoeffective interest methodrdquo
bull Under HKAS 18 interest income is also required to be recognised using the effective interest method The effective interest rate is the rate that exactly discounts the estimated future cash payments or receipts through the expected life of the financial instrument
bull The practical effect is that interest expenses costs of issue and income
copy 2005-07 Nelson 120
The practical effect is that interest expenses costs of issue and income (including interest premium and discount) are spread over the term of the financial instrument which may cover more than one accounting period
bull Thus a discount expense and other costs of issue should not be fully deductible in the year in which a financial instrument is issued
bull Equally a discount income cannot be deferred for assessment until the financial instrument is redeemed
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
61
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
DIPN 2130
bull HKAS 39 contains rules governing the determination of impairment lossesndash In short all financial assets must be evaluated for impairment except for
those measured at fair value through profit or loss ndash As a result the carrying amount of loans and receivables should have
reflected the bad debts and estimated doubtful debtsbull However since section 16(1)(d) lays down specific provisions for the
deduction of bad debts and estimated doubtful debts
copy 2005-07 Nelson 121
deduction of bad debts and estimated doubtful debtsndash the statutory tests for deduction of bad debts and estimated doubtful debts
will applybull Impairment losses on other financial assets (eg bonds acquired by a trader)
will be considered for deduction in the normal way
2 Impact of HKAS 32 and 39
bull Recap on selected items of HKAS 39
d
FA at FV through PL
HTM investments
AFS financial assets FV recognised but not taxable until derecognition
Impairment loss deemed as non-specific not allowed for deduction
copy 2005-07 Nelson 122
Loans and receivables
deduction
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
62
2 Impact of HKAS 32 and 39Case
2005 Interim Report2005 Interim Reportbull From 1 January 2005 deferred tax
ndash relating to fair value re-measurement of available-for-sale investments and cash flow hedges which are charged or credited directly to equitybull is also credited or charged directly to equity andbull is subsequently recognised in the income statement when the
deferred fair value gain or loss is recognised in the income
copy 2005-07 Nelson 123
statement
3 Impact of HKFRS 2
Share based payment transactions
copy 2005-07 Nelson 124
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
63
bull Share-based payment charged to PL as an expensebull HKAS 12 states that
In some tax jurisdictions an entity receives a tax
3 Impact of HKFRS 2
bull In some tax jurisdictions an entity receives a tax deduction (ie an amount that is deductible in determining taxable profit) that relates to remuneration paid in shares share options or other equity instruments of the entity
bull The amount of that tax deduction maybull differ from the related cumulative
remuneration expense and
Tax base = Positive (Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 125
bull arise in a later accounting period
bull In some jurisdictions an entity maybull recognise an expense for the
consumption of employee services
3 Impact of HKFRS 2Example
consumption of employee services received as consideration for share options granted in accordance with HKFRS 2 Share-based Payment and
bull not receive a tax deduction until the share options are exercised with the measurement of the tax deduction based on the entityrsquos share price at the
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 126
PLPL
y pdate of exercise
implies a debit for future tax deduction
Deductible temporary difference
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
64
bull If the amount of the tax deduction (or estimated future tax deduction) exceedsthe amount of the related cumulative
3 Impact of HKFRS 2Example
the amount of the related cumulative remuneration expense
this indicates that the tax deduction relates not only to remuneration expense but also to an equity item
bull In this situationthe excess of the associated current or deferred tax shall be recognised
Tax base = Positive(Future deduction)
Carrying amount = Nil
copy 2005-07 Nelson 127
PLPL
deferred tax shall be recognised directly in equity
Deductible temporary differenceEquityEquity
In HK In HK DeductibleDeductible
An article explains thatbull In determining the deductibility of the share-based payment associated
with the employee share option or share award scheme the following
3 Impact of HKFRS 2Example
p y p gkey issues (which may not be exhaustive) should be consideredbull Whether the entire amount recognised in the profit and loss account
represents an outgoing or expense of the entitybull Whether the recognised amount is of revenue or capital nature andbull The point in time at which the recognised amount qualifies for deduction
eg when it is charged to profit and loss account or only when all of the vesting conditions have been satisfied
bull There are however no standard answers to the above questions
copy 2005-07 Nelson 128
There are however no standard answers to the above questionsbull The Hong Kong profits tax implications of each individual employee
share option or share award scheme vary according to its structure
In HK In HK DeductibleDeductible
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
65
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hkwwwNelsonCPAcomhk
copy 2005-07 Nelson 129
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk
Income Taxes (HKAS 12)8 October 2007
Full set of slides in PDF can be found in N l CPA hk
QampA SessionQampA SessionQampA SessionQampA Session
wwwNelsonCPAcomhk
copy 2005-07 Nelson 130
Nelson LamNelson Lam 林智遠林智遠nelsonnelsoncpacomhkwwwnelsoncpacomhk