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AASB 2021-5 Standards/Accounting & Auditing as made
This instrument amends AASB 112 Income Taxes (August 2015) to clarify the accounting for deferred tax on transactions that, at the time of the transaction, give rise to equal taxable and deductible temporary differences and also amends AASB 1 First-time Adoption of Australian Accounting Standards (July 2015) to require deferred tax related to leases and decommissioning, restoration and similar obligations.
Administered by: Treasury
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 18
Registered 07 Jul 2021
Tabling HistoryDate
Tabled HR03-Aug-2021
Tabled Senate03-Aug-2021


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ISSN 1036-4803


Contents

Preface

Accounting Standard

AASB 2021-5 Amendments to Australian Accounting Standards – Deferred Tax related to Assets and Liabilities arising from a Single Transaction

 

from page

Objective                                                                                                                                                                              5

Application                                                                                                                                                                         5

Amendments to AASB 1                                                                                                                                                 5

Amendments to AASB 112                                                                                                                                            6

Commencement of the legislative instrument                                                                                  9

 

aVailable on the AASB website

IASB Basis for Conclusions – Amendments

 

Australian Accounting Standard AASB 2021-5 Amendments to Australian Accounting Standards – Deferred Tax related to Assets and Liabilities arising from a Single Transaction is set out on pages 5 – 9. All the paragraphs have equal authority.

 


Preface

Standards amended by AASB 2021-5

This Standard makes amendments to AASB 1 First-time Adoption of Australian Accounting Standards (July 2015) and AASB 112 Income Taxes (August 2015).

These amendments arise from the issuance of International Financial Reporting Standard Deferred Tax related to Assets and Liabilities arising from a Single Transaction (Amendments to IAS 12) by the International Accounting Standards Board (IASB) in May 2021.

Main features of this Standard

Main requirements

This Standard amends AASB 112 to clarify the accounting for deferred tax on transactions that, at the time of the transaction, give rise to equal taxable and deductible temporary differences. In specified circumstances, entities are exempt from recognising deferred tax when they recognise assets or liabilities for the first time. The amendments clarify that the exemption does not apply to transactions for which entities recognise both an asset and a liability and that give rise to equal taxable and deductible temporary differences. This may be the case for transactions such as leases and decommissioning, restoration and similar obligations. Entities are required to recognise deferred tax on such transactions.

The Standard amends AASB 1 to require deferred tax related to leases and decommissioning, restoration and similar obligations to be recognised by first-time adopters at the date of transition to Australian Accounting Standards, despite the exemption set out in AASB 112.

Application date

This Standard applies to annual periods beginning on or after 1 January 2023. Earlier application is permitted.

 


Accounting Standard AASB 2021-5

The Australian Accounting Standards Board makes Accounting Standard AASB 2021-5 Amendments to Australian Accounting Standards – Deferred Tax related to Assets and Liabilities arising from a Single Transaction under section 334 of the Corporations Act 2001.

 

Keith Kendall

  Dated 22 June 2021

Chair – AASB

Accounting Standard AASB 2021-5

Amendments to Australian Accounting Standards – Deferred Tax related to Assets and Liabilities arising from a Single Transaction

Objective

This Standard amends AASB 1 First-time Adoption of Australian Accounting Standards (July 2015) and AASB 112 Income Taxes (August 2015) as a consequence of the issuance of International Financial Reporting Standard Deferred Tax related to Assets and Liabilities arising from a Single Transaction (Amendments to IAS 12) by the International Accounting Standards Board in May 2021.

Application

The amendments set out in this Standard apply to entities and financial statements in accordance with the application of AASB 1 and AASB 112 set out in AASB 1057 Application of Australian Accounting Standards.

This Standard applies to annual periods beginning on or after 1 January 2023. This Standard may be applied to annual reporting periods beginning before 1 January 2023.

This Standard uses underlining, striking out and other typographical material to identify some of the amendments to a Standard, in order to make the amendments more understandable.  However, the amendments made by this Standard do not include that underlining, striking out or other typographical material.  Ellipses (…) are used to help provide the context within which amendments are made and also to indicate text that is not amended.

Amendments to AASB 1 First-time Adoption of Australian Accounting Standards

Paragraph 39AH is added. In Appendix B, paragraph B1 is amended and paragraph B14 and its heading are added. Deleted text is struck through and new text is underlined.

Effective date

                 ...

39AH      AASB 2021-5 Amendments to Australian Accounting Standards – Deferred Tax related to Assets and Liabilities arising from a Single Transaction, issued in June 2021, amended paragraph B1 and added paragraph B14. An entity shall apply these amendments for annual reporting periods beginning on or after 1 January 2023. Earlier application is permitted. If an entity applies the amendments for an earlier period, it shall disclose that fact.

                 ...

Appendix B
Exceptions to the retrospective application of other Australian Accounting Standards

This appendix is an integral part of the Standard.

B1            An entity shall apply the following exceptions:

...             

(g)             government loans (paragraphs B10–B12); and

(h)            insurance contracts (paragraph B13); and.

(i)              deferred tax related to leases and decommissioning, restoration and similar liabilities (paragraph B14).

                 ...

Deferred tax related to leases and decommissioning, restoration and similar liabilities

B14          Paragraphs 15 and 24 of AASB 112 Income Taxes exempt an entity from recognising a deferred tax asset or liability in particular circumstances. Despite this exemption, at the date of transition to Australian Accounting Standards, a first-time adopter shall recognise a deferred tax asset – to the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised – and a deferred tax liability for all deductible and taxable temporary differences associated with:

(a)            right-of-use assets and lease liabilities; and

(b)            decommissioning, restoration and similar liabilities and the corresponding amounts recognised as part of the cost of the related asset.

 

Amendments to AASB 112 Income Taxes

Paragraphs 15, 22 and 24 are amended. Paragraphs 22A and 98J–98L are added. Deleted text is struck through and new text is underlined.

Recognition of deferred tax liabilities and deferred tax assets

Taxable temporary differences

15             A deferred tax liability shall be recognised for all taxable temporary differences, except to the extent that the deferred tax liability arises from:

(a)            the initial recognition of goodwill; or

(b)            the initial recognition of an asset or liability in a transaction which:

(i)             is not a business combination; and

(ii)            at the time of the transaction, affects neither accounting profit nor taxable profit (tax loss); and.

(iii)           at the time of the transaction, does not give rise to equal taxable and deductible temporary differences.

                 ...

Initial recognition of an asset or liability

22             A temporary difference may arise on initial recognition of an asset or liability, for example if part or all of the cost of an asset will not be deductible for tax purposes. The method of accounting for such a temporary difference depends on the nature of the transaction that led to the initial recognition of the asset or liability:

(a)            in a business combination, an entity recognises any deferred tax liability or asset and this affects the amount of goodwill or bargain purchase gain it recognises (see paragraph 19);

(b)            if the transaction affects either accounting profit or taxable profit, or gives rise to equal taxable and deductible temporary differences, an entity recognises any deferred tax liability or asset and recognises the resulting deferred tax expense or income in profit or loss (see paragraph 59);

(c)             if the transaction is not a business combination, and affects neither accounting profit nor taxable profit and does not give rise to equal taxable and deductible temporary differences, an entity would, in the absence of the exemption provided by paragraphs 15 and 24, recognise the resulting deferred tax liability or asset and adjust the carrying amount of the asset or liability by the same amount. Such adjustments would make the financial statements less transparent. Therefore, this Standard does not permit an entity to recognise the resulting deferred tax liability or asset, either on initial recognition or subsequently (see example below). Furthermore, an entity does not recognise subsequent changes in the unrecognised deferred tax liability or asset as the asset is depreciated.

                 ...

22A          A transaction that is not a business combination may lead to the initial recognition of an asset and a liability and, at the time of the transaction, affect neither accounting profit nor taxable profit. For example, at the commencement date of a lease, a lessee typically recognises a lease liability and the corresponding amount as part of the cost of a right-of-use asset. Depending on the applicable tax law, equal taxable and deductible temporary differences may arise on initial recognition of the asset and liability in such a transaction. The exemption provided by paragraphs 15 and 24 does not apply to such temporary differences and an entity recognises any resulting deferred tax liability and asset.

                 ...

Deductible temporary differences

24             A deferred tax asset shall be recognised for all deductible temporary differences to the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised, unless the deferred tax asset arises from the initial recognition of an asset or liability in a transaction that:

(a)            is not a business combination; and

(b)            at the time of the transaction, affects neither accounting profit nor taxable profit (tax loss); and.

(c)             at the time of the transaction, does not give rise to equal taxable and deductible temporary differences.

                 ...

Effective date

                 ...

98J           AASB 2021-5 Amendments to Australian Accounting Standards – Deferred Tax related to Assets and Liabilities arising from a Single Transaction, issued in June 2021, amended paragraphs 15, 22 and 24 and added paragraph 22A. An entity shall apply these amendments in accordance with paragraphs 98K–98L for annual reporting periods beginning on or after 1 January 2023. Earlier application is permitted. If an entity applies the amendments for an earlier period, it shall disclose that fact.

98K          An entity shall apply AASB 2021-5 to transactions that occur on or after the beginning of the earliest comparative period presented.

98L          An entity applying AASB 2021-5 shall also, at the beginning of the earliest comparative period presented:

(a)            recognise a deferred tax asset – to the extent that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised – and a deferred tax liability for all deductible and taxable temporary differences associated with:

(i)              right-of-use assets and lease liabilities; and

(ii)             decommissioning, restoration and similar liabilities and the corresponding amounts recognised as part of the cost of the related asset; and

(b)            recognise the cumulative effect of initially applying the amendments as an adjustment to the opening balance of retained earnings (or other component of equity, as appropriate) at that date.

Example 8 is added to the Illustrative examples accompanying AASB 112. For ease of reading, new text has not been underlined.

Illustrative examples

These illustrative examples accompany, but are not part of, AASB 112.

Illustrative computations and presentation

...

Example 8 – Leases

Lease

An entity (Lessee) enters into a five-year lease of a building. The annual lease payments are CU100 payable at the end of each year. Before the commencement date of the lease, Lessee makes a lease payment of CU15 (advance lease payment) and pays initial direct costs of CU5. The interest rate implicit in the lease cannot be readily determined. Lessee’s incremental borrowing rate is 5% per year.

At the commencement date, applying AASB 16 Leases, Lessee recognises a lease liability of CU435 (measured at the present value of the five lease payments of CU100, discounted at the interest rate of 5% per year). Lessee measures the right-of-use asset (lease asset) at CU455, comprising the initial measurement of the lease liability (CU435), the advance lease payment (CU15) and the initial direct costs (CU5).

Tax law

The tax law allows tax deductions for lease payments (including those made before the commencement date) and initial direct costs when an entity makes those payments. Economic benefits that will flow to Lessee when it recovers the carrying amount of the lease asset will be taxable.

A tax rate of 20% is expected to apply to the period(s) when Lessee will recover the carrying amount of the lease asset and will settle the lease liability.

After considering the applicable tax law, Lessee concludes that the tax deductions it will receive for lease payments relate to the repayment of the lease liability.[2]

Deferred tax on the advance lease payment and initial direct costs

Lessee recognises the advance lease payment (CU15) and initial direct costs (CU5) as components of the lease asset’s cost. The tax base of these components is nil because Lessee already received tax deductions for the advance lease payment and initial direct costs when it made those payments. The difference between the tax base (nil) and the carrying amount of each component results in taxable temporary differences of CU15 (related to the advance lease payment) and CU5 (related to the initial direct costs).

The exemption from recognising a deferred tax liability in paragraph 15 does not apply because the temporary differences arise from transactions that, at the time of the transactions, affect Lessee’s taxable profit (that is, the tax deductions Lessee received when it made the advance lease payment and paid initial direct costs reduced its taxable profit). Accordingly, Lessee recognises a deferred tax liability of CU3 (CU15 × 20%) and CU1 (CU5 × 20%) for the taxable temporary differences related to the advance lease payment and initial direct costs, respectively.

Deferred tax on the lease liability and related component of the lease asset’s cost

At the commencement date, the tax base of the lease liability is nil because Lessee will receive tax deductions equal to the carrying amount of the lease liability (CU435). The tax base of the related component of the lease asset’s cost is also nil because Lessee will receive no tax deductions from recovering the carrying amount of that component of the lease asset’s cost (CU435).

The differences between the carrying amounts of the lease liability and the related component of the lease asset’s cost (CU435) and their tax bases of nil result in the following temporary differences at the commencement date:

(a)            a taxable temporary difference of CU435 associated with the lease asset; and

(b)            a deductible temporary difference of CU435 associated with the lease liability.

The exemption from recognising a deferred tax asset and liability in paragraphs 15 and 24 does not apply because the transaction gives rise to equal taxable and deductible temporary differences. Lessee concludes that it is probable that taxable profit will be available against which the deductible temporary difference can be utilised. Accordingly, Lessee recognises a deferred tax asset and a deferred tax liability, each of CU87 (CU435 × 20%), for the deductible and taxable temporary differences.

Summary of recognised deferred tax

The table below summarises the deferred tax that Lessee recognises on initial recognition of the lease (including the advance lease payment and initial direct costs):

 

 

Carrying amount

 

Tax base

 

Deductible / (taxable) temporary difference

 

Deferred tax asset /
(liability)

Lease asset

 

 

 

 

 

 

 

advance lease payment

15

 

 

(15)

 

(3)

initial direct costs

5

 

 

(5)

 

(1)

the amount of the initial measurement of the lease liability

435

 

 

(435)

 

(87)

 

 

 

 

 

 

 

 

Lease liability

435

 

 

435

 

87

 

Applying paragraph 22(b) of AASB 112, Lessee recognises deferred tax assets and liabilities as illustrated in this example and recognises the resulting deferred tax income or expense in profit or loss.

Commencement of the legislative instrument

For legal purposes, this legislative instrument commences on 31 December 2022.



[2]    Depending on the applicable tax law, an entity might alternatively conclude that the tax deductions it will receive for lease payments relate to the lease asset, in which case temporary differences would not arise on initial recognition of the lease liability and the related component of the lease asset’s cost. Accordingly, the entity would not recognise deferred tax on initial recognition but would do so if and when temporary differences arise after initial recognition.