educating supporting representing 1 module 6 ruth ní dhondúin 2012 accounting for tax

112
EDUCATING SUPPORTING REPRESENTING www.charteredaccountants.ie 1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Upload: phebe-manning

Post on 29-Dec-2015

216 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

EDUCATING

SUPPORTING

REPRESENTING

www.charteredaccountants.ie

1

Module 6 Ruth Ní Dhondúin

2012Accounting for Tax

Page 2: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Learning objectives

• On completion of this module, students should be able to: – analyse the financial statements and management

accounts to extract tax information; – Understand “materiality” for accounting for tax– demonstrate how international financial reporting

standards interact with tax law;– Apply relevant FRS/IFRS– compute deferred tax, tax provisions and tax

reconciliations for the financial statements.– Prepare tax reconciliations for GAAP and IFRS

Page 3: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Course content

Analysing the financial statements and management accounts to extract tax information

Page 4: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Accounting for tax

• Financial accounting is the process of identifying, measuring, and communicating information to permit users of such information to make informed decisions

• Accounting for tax is a part of this process

Page 5: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Users of financial statements

FINANCIAL STATEMENT

S

YOU!Owners /

Shareholders

Potential Investors

Employees

Managers

Lenders

Revenue

Customers / Debtors

Suppliers / Creditors

Competitors

Page 6: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Accounts preparation

• Financial Statements of Irish companies are generally prepared in accordance with Irish GAAP

• Transition to IFRS • Accounting characteristics and concepts

broadly the same between two methods of preparation

Page 7: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Financial statements • Key components:

1.Directors and other information

2.Directors’ report

3. Independent auditors’ report

4.Profit & loss account (Income statement)

5.Balance sheet

6.Cash flow statement

7.Notes to the financial statements

Page 8: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Financial statements • Profit & Loss account• Corporation Tax charge on the profits of the

accounting period• Balance Sheet

• Corporation tax due to or back from the Revenue Commissioners

• VAT due to or back from the Revenue Commissioners

• Employer PAYE/PRSI due to or back from the Revenue Commissioners

• Don’t forget the big picture!

Page 9: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Financial statements • Relevant information in the Directors’

report

• Principal activities of the company• Future developments• Important events since year end• Dividend payments

Page 10: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Financial statements • Relevant tax information in the notes to the accounts• Breakdown of profit before tax• Employee and directors’ information• Analysis of tax charge in the Profit &

Loss• Fixed assets • Debtors and creditors• Shareholding and owners of the

company

Page 11: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Financial statements

• Important to understand activities and business of a company as a whole

• Big firm, sole practice or industry –

need to be able to have an informed conversation across all tax heads

Page 12: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Payroll taxes• The focus of the personal tax departments

will be employee, director and pension information included in Financial Statements

• Notes to the accounts will include information on:• Number of employees, staff costs, etc• Employer PAYE/PRSI due to/from Revenue • Directors’ remuneration • Pension schemes• Stock option schemes, etc

Page 13: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

VAT

• VAT generates the highest tax revenue for the Revenue Commissioners

• VAT is a key area of focus – important to get VAT advice for your company or clients

• Is VAT being accounted for properly?• VAT department will want to understand the

activities of the company• Financial statements good source of

information• Watch all property related transactions!

Page 14: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Other sources of information

• Management accounts• Trial balance• Audit working papers• Information request list • Meeting with client

Page 15: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Materiality

• Only material items are relevant in ensuring accounts reflect a true and fair view

• Usually % of turnover or profits • Relevant for tax “sign off” role when assisting

auditors and tax figures must be materially correct

• However, tax figures for compliance purposes must be 100% accurate as no materiality threshold

Page 16: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Corporation tax (“CT”)

• Tax advisors can have two roles in assisting clients which will impact your role as users of financial statements:

- Corporation Tax “Sign Off”

- Corporation Tax Compliance

Page 17: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Review of Tax Provision• What does company do?• Irish/foreign trades – withholding taxes?• Employees?• Sources of income and gains – taxable and rates?• Expenses?• Effective tax rate?• Member of CT group?• Trading Losses?• Provisions – specific/general?• FRS/IFRS – first time?• Close company?• How financed – debt?

Page 18: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Course content

Demonstrate how international financial reporting standards interact with tax law

Page 19: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Accounts preparation

• Financial Statements of Irish companies are generally prepared in accordance with Irish GAAP

• Transition to IFRS • Accounting characteristics and concepts

broadly the same between two methods of preparation.

Page 20: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Accounting rules:– Convergence of GAAP and IFRS – Public companies post 1 January 2005– Other companies opt in– What have you seen?

Page 21: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Historical position:– Legislation silent on how trading profits of a

company prepared – Income tax rules - tax calculated on “the full

amount of profits or gains” of a trade or profession under s.65 TCA 1997

– Case law

Page 22: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Finance Act 2005 – Post Finance Act 2005, tax legislation has a

definition of “generally accepted accounting practice” in Section 4(1) TCA 1997

– Other provisions also introduced as part of 76A-D and Schedule 17A TCA 1997

Page 23: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Transitional rules– Schedule 17A TCA 1997– Purpose to ensure no adjustments required on

adoption are double counted for tax purposes and that no amounts fall out of the charge to tax.

Page 24: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Transitional rules – Schedule 17A, TCA97 deals with:

• Changeover of non-specific items of Irish GAAP to IFRS

• Financial instruments• Bad debts

Page 25: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Transitional rules – Reminder – purpose?– Treatment gives rise to deductible amounts

or taxable amounts

Page 26: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law• Transitional rules

Example – A fee of €600k is received in respect of a 3 year

contract which is received, accounted for and taxed up-front. If the company moves to IFRS in year 2 and that requires this fee to be accounted for over the period of the contract i.e. €200k p.a.

– In the absence of the transitional rules, the fee of €600k would be taxed as income of €1m (income of years 1, 2 and 3), double counting €400k of income. This amount is identified and allowed under Schedule 17A as a deductible amount but is allowed as a tax deduction over a period of 5 accounting periods.

Page 27: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law• Transitional rules

Gains and losses on financial instruments (Paragraph 4, Schedule 17A)

Example – A financial instrument cost €1m in year 1. It had a fair

value of €1.1m at the end of that year and was sold for €1.15m in year 2.

– Year 1 is pre-IFRS – taxed on realisations basis – no income and no tax payable

– Year 2 is IFRS – taxed on movements in fair value – income is €50k and tax is payable on this

– Actual gain is €150k but taxable income is €50k – this income would not have been taxed but for the transitional adjustment rules. The €100k is identified as a taxable amount.

Page 28: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Transitional rules

– Bad debts (Paragraph 3, Schedule 17A)• IAS 39 sets out that a provision is only allowed so

far as the loss (i.e. a present obligation arising from a past event) has already been incurred.

• Transitional adjustment allowed

Page 29: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Sec 76B TCA 1997– Taxation of unrealised gains and losses– Certain financial assets and liabilities– Accounted for under IFRS or Irish GAAP on

unrealised or “fair value basis”

• Significant for financial sector• Interacts with FRS 26 and IAS 39

Page 30: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Section 76C TCA 1997– Anti avoidance provisions– Group companies using different accounting

policies– IFRS v Irish GAAP

• All group members must move to IFRS at same time

• EU Regs – exception if good reasons and disclosure in accounts

Page 31: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Sec 76C applies single framework for transactions between associated companies

• Rules apply if tax advantage arises by use of different accounting standards

• Anti avoidance motive not required• View totality of transactions• Does a net tax advantage arise?

Page 32: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IFRS and tax law

• Section 76D TCA 1997• Income from finance leases• Ensures no change to tax comp by move

to IFRS• Tax treatment of finance lessor preserved

– Taxed on gross payment– Claim for capital allowances

Page 33: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Course Content

• Calculate accounting provisions for– Current and deferred tax– Reconcile expected and actual tax charges

• FRS 16 Current Tax• FRS 19 Deferred Tax• IAS 12 Income Taxes

Page 34: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Tax in Financial Statements

• CT charge/credit in P&L– Split in notes – current and deferred items

• CT tax creditor or debtor – current tax• Deferred tax asset or liability• Tax reconciliation note

Page 35: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Accounting for Tax FRS 16

• Current Tax• Withholding tax and tax credits• Current tax recognised in P&L

– Exclude amount recognised in statement of total recognised gains and losses

• FRS 19 – full provision of deferred tax assets/liabilities on timing differences

Page 36: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 16

• Recognition of items of income and expenditure that have suffered tax

• Dividends, interest and other items– Include withholding taxes paid wholly on behalf

of recipient– Exclude taxes not payable wholly on behalf of

recipient

• Current tax measured using rates and laws enacted by balance sheet date

Page 37: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 16 DefinitionsCurrent TaxPara 2

•“Tax” estimated to be payable /recoverable for taxable profit/loss•Include adjustment to previous period estimates

Tax Credit •Tax credit given to recipient of dividend from company•Acknowledging income has already been charged to tax•May reduce or discharge recipient’s liability•Non-taxpayers may/may not be able to recover tax credit

Taxable Profit/Loss

•Profit/Loss for period•Determined using rules of tax authorities

Page 38: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 16 DefinitionsWithholding Tax

Tax on dividends and other income deducted by payer and paid to Tax Authorities wholly on behalf of recipient

Para 8-11 FRS 19Outgoing dividends paid and proposed, interest and other income•Include withholding taxes and exclude other tax credits

Incoming dividends, dividends and other income•Include withholding taxes and exclude other

•Withholding taxes taken into account in tax charge

•Exclude attributable tax credits as defined in FRS

•Irish companies and credit for underlying tax of overseas dividends

Page 39: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Current Tax P&L

• Para 5 FRS 16• Recognise current tax in P&L or STRGL

– Tax charge based on CT computation– Excluding adjustments for DIRT, PSWT, TRS– Close company surcharge– Adjustments for prior periods*

*can include amounts arising from Revenue audits

Page 40: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Current Tax Balance Sheet

• CT tax charge/credit:– Adjustments for PT paid in year– Unpaid balance for prior years– DIRT, PSWT, RCT– Refunds due to CT loss claims

Page 41: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Current CT ExampleXYZ Ltd Year Ended 31st December 2011

Opening CT liability paid Sep 2011 €30,150

PT payments made in 2011 €145,000 June€150,000 December

DIRT €5,600

PSWT €45,000

Close Co Surcharge €4,163

TRS €8,000

CT Charge on profits €320,000

Page 42: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Current CT ExampleXYZ Ltd Year Ended 31st December 2011

Journals

CT and Close Company SurchargeDr CT tax charge P&L €324,163Cr CT liability creditors €324,163PSWTDr CT tax liability €45,000Cr Trade debtors €45,000DIRTDr CT tax liability €5,600Cr Deposit interest received €5,600TRSDr Wages and Salaries €8,000Cr CT tax liability €8,000

Page 43: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

CT Control Account DR €Payment of balance CT 30,150PT paid June 145,000PT paid November 150,000DIRT 5,400PSWT 45,000 375,550

Closing balance b/d 13,237

CR €Opening Balance 30,150CT charge 320,000Close Co Surcharge 4,163TRS 8,000Closing Balance c/d 13,237 375,550

Page 44: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Under/Over-provisions

• Adjustment in current year to reflect additional tax or reduction in tax liability

• Disclose separately in tax note

Page 45: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Withholding Taxes• TRS• Private medical insurance for employees• 20% of premium withheld and paid to

Revenue• Part of CT liability for PT• Salary cost for accounting – not CT• Included in P&L• TRS due to Revenue in Balance Sheet

as other creditors

Page 46: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Withholding Taxes

• Dividends Paid• Statement of changes in Equity - IAS• Reconciliation of Movement in

Shareholders Fund – Irish GAAP• Accounting adjustments needed for

DWT

Page 47: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Withholding Taxes

• Dividends/Interest/Royalties received• Recorded inclusive of withholding tax• Underlying tax credit not reflected in

financial statements

Page 48: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

R&D Credit

• Accounting treatment - choice• Irish GAAP – substance over form• Government grant v reduction in CT• IFRS – Investment tax credit• Management to use judgement• Option – reduction of payroll or reduction

in CT • Above the line v below the line

Page 49: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Disclosure of Current Tax

• Companies Act 1986• FRS 16, para 17• Disclose separately

– Irish tax– Foreign tax

• Analyse current and prior year adjustments

Page 50: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Deferred Tax

• Accounting Concept• Timing differences• Balance Sheet – deferred tax asset or

liability• FRS 19 and IAS 12

Page 51: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Deferred tax

Deferred tax (FRS 19)• Estimated future tax consequences of past

transactions and events recognised in the financial statements of the current and previous periods

• Deferred tax is provided for on timing differences only

• No deferred tax is to be provided on permanent differences

Page 52: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Permanent and timing differences

Permanent differences (FRS 19)• Differences between an entity’s taxable

profits and its results as stated in the financial statements that arise because certain types of income/expenditure are non-taxable or disallowable, or because certain tax charges or allowances have no corresponding amount in the financial statements

Page 53: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Permanent and timing differencesExamples of permanent differences• Amortisation of goodwill• Client entertainment (s840)• Employment grants (s225)• Motor lease restriction add-back (s377)• Depreciation on assets not qualifying for capital

allowances• Disallowed legal & professional fees• Disallowed donations and subscriptions• Certain FX on non-trading items (i.e. loans, tax

payments)• TRS deduction

Page 54: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Timing differences (FRS 19)• Differences between an entity’s taxable

profits and its results as stated in the financial statements that arise because from the inclusion of gains and losses in tax assessments in periods different from those in which they are recognised in the financial statements

FRS 19 – Permanent and timing differences

Page 55: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Examples of timing differences• Capital allowances in excess of depreciation (or vice versa)• Items allowed for tax on a paid basis i.e. pension, patent royalties,

section 247 interest expense• Movements in general provisions i.e. general bad debts provision,

general stock provisions• Interest receivable accrued but taxed on receipts basis• Trading losses generated or utilised during period• Profit/loss on disposal of assets qualifying for capital allowances v

balancing allowances/charges• Finance leased assets• Unrealised marked to market gains/losses• Some tax planning initiatives that defer rather than reduce

corporation tax liabilities• Unrealised FX gains/losses on foreign currency hedges on non-

trading items (CGT implications)

FRS 19 – Permanent and timing differences

Page 56: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Deferred tax

Example• Year ended 31 December 2011• Profit before tax is €100,000• Pension charge is €10,000• Tax rate = 12.5%• Scenario 1 – pension paid on 31 December

2011• Scenario 2 – pension not paid by 31 December

2011

Page 57: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Deferred taxScenario 1 Scenario 2

€ €Profit before tax 100,000 100,000Add-back: pension accrual - 10,000

Adjusted Case I income 100,000 110,000

Current tax charge @ 12.5% 12,500 13,750

Deferred tax charge/(credit) - (1,250)

Total tax charge 12,500 12,500

Balance sheet - DTA - 1,250

Page 58: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Deferred tax

• Recognise TD on timing differences for:– Accelerated Capital Allowances– Fair Value revaluation of assets through P&L– Accruals for pension costs and post-retirement

benefits deductible on paid basis– Elimination of unrealised intra group profits on

consolidation– Unrelieved tax losses– Other sources of short term timing differences

Page 59: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Deferred tax

• Prohibits recognition of DT on timing differences when– Fixed non monetary asset is revalued without

commitment to sell – The gain on sale of non-monetary asset is rolled over

into replacement assets– The remittance of a subsidiary, associate or joint

venture’s earnings would give rise to tax, but there is no commitment to remit the earnings

Page 60: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Deferred tax

• Requires DT assets to be recognised to extent that it is more likely than not that they will be recovered

• Para 23. 24,25 – all available evidence• Suitable taxable profits from which future

reversal of TD can be deducted• Para 26 – Assumption that future reversal of

DT liabilities will give rise to taxable profits• Asset recoverable to extent future profits

suitable for deduction of DT asset

Page 61: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Deferred taxDeferred tax assets that cannot be recovered

against DT liabilities – Para 27-3227 DT asset not recoverable against reversal of DT liability

28 All available evidence – historical information on financials objective

29 Unrelieved tax losses is evidence that no suitable future profits

30 Unrelieved trading losses – non recurring cause and otherwise profits, may be suitable evidence

31 Unrelieved capital losses for offset against future capital gains = suitable evidence if future gain likely

32 DT asset not recognised if losses will take some time to be relieved

Page 62: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Losses and Deferred Tax

• Order of relief for tax1st Claim Trading losses forward Sec 396(1) TCA 1997

2nd Claim Relevant trading loss against relevant trading income in current AP

Sec 396A(3) TCA 1997

3rd Claim Relevant trading loss against relevant trading income in preceding AP

Sec 396A(3) TCA 1997

4th Claim Relevant trading loss against passive income in current AP – value basis

Sec 396B(3) TCA 1997

5th Claim Relevant trading loss against passive income in preceding AP – value basis

Sec 396B(3) TCA 1997

6th Claim Carry forward against future trading profits Sec 396(1) TCA 1997

Page 63: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

DT and Losses

• TD for unrelieved losses carried forward• Can be set against DT liabilities in

balance sheet• Losses carried back – DT asset• Must be reliable evidence that future

profits will be generated

Page 64: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

DT – Charges on Income

• Excess non trade charges• Trading losses are deemed to have been

claimed where claim for non trade charges or management expenses in same year

• Permanent difference• Exclude from DT

Page 65: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Recognition of DT

• Recognise in P&L unless attributable to gain/loss in STRGL

• Changes in circumstances from last balance sheet date may require adjustment to DT asset

• DT rate = average rate expected in periods in which TD reverse

• Based on tax rates and laws enacted at balance sheet date

• Permitted to discount DT amounts

Page 66: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Disclosure

• Balance Sheet– DT liabilities classified as provisions for

liabilities and charges– DT FRS 17 Retirement Benefits excluded– DT Assets classified as debtors– Separate heading where material

Page 67: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

FRS 19 – Disclosure• Income statement

– Include DT within “tax on profit or loss on ordinary activities”

– Disclosure note to show amount of DT within • Tax on ordinary activities in P&L and• Tax charged directly to STRGL

• As a tax advisors you may quantify the deferred tax asset. The recognition of the asset should be decided by the client and audit colleagues.

Page 68: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Calculating deferred tax – FRS 19

Closing provision

1. Identify all adjustments (i.e. add-backs and deductions) in the tax computation

2. Identify if adjustments arise from permanent or timing differences

3. Take account of the cumulative impact of the timing items identified that have not reversed up to the balance sheet date

4. Identify any tax losses forward at the balance sheet date

5. Calculate deferred tax at 12.5% (or other rate eg 25% on particular items) on the cumulative timing differences identified

6. Ensure there is an analysis of the total deferred tax split into deferred tax assets and deferred tax liabilities

Page 69: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Calculating deferred tax – FRS 19

Current period movement - charge/(credit)

1.Calculate closing provision per previous slide

2.The closing provision in the final financial statements of the prior period = opening provision for the current period

3.Difference between 1 and 2 is the current period movement

Page 70: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Calculating deferred tax – FRS 19Analysis of current period movement - charge/(credit)

1. Identify all adjustments (i.e. add-backs and deductions) in the current period tax computation

2. Identify if adjustments arise from permanent or timing differences

3. Identify any tax losses generated or utilised during the period

4. Calculate deferred tax at 12.5% (or other rate e.g. 25% on particular items) on the timing items identified above

5. This amount should equal amount calculated in previous slide. However, in practice there are likely to be differences (e.g. DT

amounts not recognised in prior period)

Page 71: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Finance Act 2005

• Transitional arrangements to IFRS• May impact on deferred tax • To the extent that the total of the “taxable

amounts” matches the total of the “deductible amounts” for a company, no current or deferred tax impact and no cash flow implication

• However, if the “taxable amounts” do not match the “deductible amounts”, there will be differences

Page 72: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Tax Account Corporation Tax Control Account

DR CR

Opening Balance 2010 €3,000

CT payment – balance of tax from prior year

€3,000 Current Tax Charge €32,250

PT Payments €31,725

Balance c/d €3,525 Bal c/d €-

€38,250 €38,250

Bal b/f –CT Creditor €3,525

Page 73: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Tax Account Deferred Tax Control Account

CR DR

Opening Bal €1,650

P&L movement €150

Bal c/d Bal c/d €1,500

€1,650 €1,650

Balance b/f DT Asset €1,500 €0

Page 74: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IAS 12

• Balance sheet method• On temporary differences• Exceptions• Presentation in financial statements and

tax reconciliation required• Scope limited to income taxes• Sales or payroll taxes excluded

Page 75: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IAS 12 – Deferred Tax

IAS 12

• Under IAS 12, deferred tax arises on differences between

• the carrying amount of assets and liabilities in the balance sheet, and

• the tax base of the assets and liabilities

• Balance sheet approach, therefore differs from FRS 19 (which is a P&L based approach). A tax balance sheet is calculated

• Carrying amount is the amount per balance sheet

• Gives a true reflection of future tax consequences of assets and liabilities

• DT is to be provided on all revaluations

Page 76: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IAS 12 – Deferred Tax

• Focuses on concept of “temporary differences”

• Differences between the carrying amount of an asset or liability in the balance sheet and its tax base

• Temporary differences include all timing differences and some permanent differences

Page 77: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Summary T Accounts

Tax Account Opening provision 1/1/2011

Paid/Refunded 2011

P&L Charge/(credit) 2011

Closing B/S Current Tax Provision 31/12/2011

Current Tax € € € €

Prior period 2010

3,000 (3,000)

2011 (31,725) 35,250 3,525 Cr Bal Sheet

Current Tax Total

3,000 (34,725) 35,250

Deferred Tax

Prior period 2010

(1,650) 150 (1,500) B/S provision

Total P&L 35,400

Page 78: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IAS 12 – Deferred Tax

Example 1

Asset cost €5,000

Capital allowances of €1,000 claimed to dateDepreciation charged to date of €500Revenue generated by using the asset (i.e. recovering the carrying amount of the machine) and any gain or loss on disposal is taxable

What is the tax base of the machine?

Page 79: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IAS 12 – Deferred Tax

Example 1

Tax base = future deductible amount = 4,000

The tax base of the machine is:

Carrying amount 4,500

Less: taxable amounts - 4,500

Plus: deductible amounts + 4,000

Tax base  = 4,000

Page 80: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IAS 12 – Deferred Tax

Example 2

A company has pensions prepaid at year end of €2,000. For tax purposes, a deduction can be claimed for pension payments on a paid basis.

What is the tax base of the prepaid pension?

Page 81: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IAS 12 – Deferred Tax

Example 2

Tax base = future deductible amount = Nil

The tax base of the pension is:

Carrying amount 2,000

Less: taxable amounts – 2,000

Plus: deductible amounts + 0

Tax base  = Nil

Page 82: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IAS 12 – Deferred Tax

Tax base of liability

• Tax base of a liability is its carrying amount, less any amount that will be deductible for tax in future periods

• In the case of revenue received in advance (rather than an actual liability), the tax base is its carrying amount, less any amount of the revenue which will not be taxable in future

• Carrying amount – future deductible amount + future taxable amount

Page 83: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IAS 12 – Deferred Tax

Example 3

A company has recognises a provision of €5,000 related to the settlement of a legal action suit. The payment is not deductible for tax purposes.

What is the tax base of the provision?

Page 84: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

IAS 12 – Deferred Tax

Example

Tax base = carrying amount – future deductible amount

= €5,000 – Nil = €5,000

The tax base of the provision is:

Carrying amount €5,000

Less: deductible amounts – 0

Plus: taxable amounts + 0

Tax base  = €5,000

Page 85: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Balance sheet liability method to calculate deferred tax:

Carrying amount of asset / liability X

Tax base of asset / liability (X)

Temporary difference X

Apply applicable tax rate X%

Deferred tax asset / liability X

IAS 12 – Deferred Tax

Page 86: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Deferred tax

Deferred tax calculation for earlier examples

1 2 3

Carrying amount of asset/liability 4,500 2,000 5,000

Tax base of asset/liability 4,000 Nil 5,000

Temporary difference 500 2,000 Nil

@ applicable tax rate 12.5% 12.5% 12.5%

Deferred tax asset/(liability) (62.5) (250) Nil

Total deferred tax asset/(liability) (312.5)

Page 87: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Recognition of deferred tax liabilities and assets

Liabilities

• IAS 12 requires that a deferred tax liability should be recognised for all taxable temporary differences except to the extent they arise from

• initial recognition of goodwill

• initial recognition of an asset or liability in a transaction which affects neither accounting profit nor taxable profit

• Deferred tax liabilities also to be recognised on investments in subsidiaries, branches, etc, unless:

• parent can control timing of reversal of temporary differences, and

• probable that temporary difference will not reverse in the foreseeable future

Page 88: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Assets

• IAS 12 requires that a deferred tax asset should be recognised for all deductible temporary differences to the extent that it is probable that taxable profit will be available, unless the DTA arises from the initial recognition of an asset or liability in a transaction which affects neither accounting profit nor taxable profit

• Deferred tax assets also to be recognised on investments in subsidiaries, branches, etc, but only if it is probable that temporary differences will reverse and taxable profit is available in future

• As a tax advisor you quantify the deferred tax asset. The recognition of the asset should be decided by the client and audit colleagues.

Recognition of deferred tax liabilities and assets

Page 89: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reporting requirements

• Summary comparison– IFRS v GAAP 3.6.6 table– Which companies under each?

• Current tax and Deferred tax– Difference in disclosure requirements– Share based remuneration

Page 90: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Tax Reconciliation

• FRS 16 – reconcile current tax charge• IAS 12 - reconcile total tax charge

– Current + deferred tax v theoretical tax on profits

Page 91: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Tax Reconciliation

• FRS 16 Tax Reconciliation Note• Disclosure note• Reconcile current tax charge/credit on

ordinary activities in P&L to expected tax charge on ordinary activities

• Monetary amounts or % of profits• IAS 16 disclosure

Page 92: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reconciliation of tax charge

• Remember:

Financial profits ≠ taxable profits• Therefore:

Financial profits @ 12.5% ≠ tax charge• Difference explained/reconciled in the

financial statements

Page 93: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reconciliation of tax charge

Common examples of reconciling items include:• Income taxed at higher or lower rates• Irrecoverable taxes written off • Expense items not deductible for tax purposes• Exempt income or gains• Items only allowed as a tax deduction on a paid

basis• Transitional adjustments due to adoption of

IFRS• Losses carried forward

Page 94: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reconciliation of tax charge

Under/over provisions • An under-provision is where the corporation tax

charge in a prior period financial accounts was less than the corporation tax actually due for the period – an adjustment is required to reflect the additional tax paid

• An over-provision is where the prior period corporation tax charge was more than the corporation tax actually due

• Adjustment to current year tax charge required

Page 95: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reconciliation of tax charge

Guide to reconciliation:

1.Calculate the expected tax per the financial statements i.e. profit/(loss) before tax @ tax rate (eg 12.5%)

2. Identify the current corporation tax charge for the year per the corporation tax computation (this is what you are reconciling to)

3.Adjust expected tax charge under sample headings on next slide to take account of tax effect

Page 96: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reconciliation of tax charge

Profit before tax per accounts X

Tax at the standard rate (12.5%) X

Adjusted for the effect of:

Expenses not deductible X

Tax expenses

Income not taxable X

Income taxable at a higher rate X

Prior year (over)/under provision X

Total tax X

Page 97: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reconciliation of tax charge

• Corporation tax charge in the P&L excludes: – Irish withholding taxes suffered i.e. DIRT, PSWT– Irish withholding taxes payable i.e. DWT, TRS– but includes foreign tax credits

• Foreign tax (i.e. foreign tax payable on foreign branch profits and foreign WHT on foreign income) should be separately identified as a corporation tax charge in the P&L

Page 98: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reconciliation of tax charge

• Withholding taxes suffered (i.e. DIRT, PSWT) will be claimed as a credit against the corporation tax liability for the period

• The corporation tax charge in the P&L should be the gross corporation tax payable for the period i.e. before credit for DIRT and PSWT

• These credits should be treated as payments on account in the corporation tax account

Page 99: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reconciliation of tax charge

• Foreign taxes payable include:– Foreign tax on profits of a foreign branch– Foreign withholding tax suffered on foreign

dividends/interest/royalties received

Page 100: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reconciliation of tax charge

• Foreign tax on profits of a foreign branch– A foreign tax charge should be separately

identified, for the foreign tax on income from a foreign branch, under the corporation tax charge in the P&L for the period

– The Irish corporation tax charge should also reflect any credit for the foreign tax (i.e. the Irish CT charge should be net of FTC). The Irish corporation tax charge should be disclosed before and after double tax relief.

Page 101: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Reconciliation of tax charge

• Foreign withholding tax on foreign dividends/interest/royalties received

• A foreign tax charge should be separately identified for the foreign withholding tax under the corporation tax charge in the P&L for the period

• The Irish corporation tax charge should also reflect any credit for the foreign tax (i.e. the Irish CT charge should be net of FTC). The Irish corporation tax charge should be disclosed before and after double tax relief.

Page 102: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

US GAAP

• FIN 48 – US GAAP Accounting• Companies with US parent• FASB• 50% change of success for tax benefit• Assume examined by tax authorities and

highest court

Page 103: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Income Tax

• Unincorporated business• Information gaps• No requirement to use Irish GAAP or

IFRS• Key consideration is completeness• All income sources• Abridged tax reconciliation

Page 104: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Income Tax

• Sole trade or partnership accounts• Profit and Loss account• Capital account

– Drawings, income tax, pension, capital introduced

• Accounting software • DIRT, PSWT, RCT, DWT – capital account• Form 1 Firms

Page 105: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Capital Gains Tax

• CGT rules – difference in carrying value and tax base of assets

• Consolidated deferred tax ≠ sum of entity DT

• Impact of inter-group transactions• Disposals between connected persons• Group relief – IAS 12• Temporary difference • Where DT provided no difference in tax

reconciliation

Page 106: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Capital Gains Tax

• Disposals to and from trading stock• Carrying value and tax base• Sec 596 TCA 1997• Capital to trading stock treated as CGT

disposal• DT should be provided on taxable

temporary differences

Page 107: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Capital Gains Tax

• Group financial statements• Inter-group profits/losses on transactions

between same company groups are eliminated on reconciliation

• Temporary and permanent differences arise

• Impact at company level• Impact at consolidation level

Page 108: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

VAT

• Is the business VAT registered?• NO – VAT forms part of cost of items• Reverse charges – obligation to register

for Intra Community acquisitions• YES – Account separately for VAT• VAT nominal accounts• Reconcile VAT per returns with accounts

sales and purchases

Page 109: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

VAT

• Identify Irrecoverable VAT• Sec 60(2) VATCA 2010

– Entertainment, food ,drink, petrol etc

• Recovery entitlement of < 100%• Annual review for dual use inputs• Accounting for under/over recovery• Cash receipts v invoice basis

Page 110: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

VAT

• Check changes in VAT rates – accounting packages

• VAT Rate Index on www.revenue.ie• Zero v Exempt classifications• Foreign VAT – separate nominal ledger• Reclaiming foreign VAT - EVR

Page 111: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Capital Acquisitions Tax• Valuation of assets• Tax liabilities to date of death• Administration period – income tax• Estate Accounts

– Valuation of assets at date of death– Income/gains/losses during administration period– Debts including taxes– Funeral expenses– Expenses– Legacies– Final distribution Account

Page 112: EDUCATING SUPPORTING REPRESENTING  1 Module 6 Ruth Ní Dhondúin 2012 Accounting for Tax

Module Round Up

• On completion of this module, students should be able to: – analyse the financial statements and management

accounts to extract tax information; – demonstrate how international financial reporting

standards interact with tax law;– Calculate accounting provisions for current and

deferred tax under FRS 19 and IAS 12– Reconcile expected and actual tax charges under

FRS 16 and IAS 12– Prepare tax note for disclosure under Irish GAAP

and IFRS