EBA · 2022_6643 Final Q&A

Deferred Tax Liabilities (DTL) that are non-deductible from Deferred tax assets (DTA) as per accounting rule

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
430
Topic
Supervisory reporting - COREP (incl. IP Losses)
Submitted by
Individual
Submitted
2022-12-01
Answered
2023-10-13
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Where do we book the temporary Deferred Tax Liabilities(DTL) differences that are non deductible from Deferred tax assets (DTA) as per accounting rule?

Background

As per capital regulatory requirement template C 04.00 - MEMORANDUM ITEMS (CA4), and with reference to the row 10- Total deferred tax assets & row 50 – Total deferred tax liabilities, we understand that the related reported amounts should tie with the amount reported in the financial statements, therefore we assume that the amounts reported in deferred tax assets and liabilities section of C04.00 should follow IFRS rules which are align with the CRR.

Answer

In accordance with Annex II of Commission Implementing Regulation (EU) 2021/451, institutions must ensure that the total deferred assets and total deferred liabilities, as reported in template C.04.00, match the figures from their most recently verified or audited accounting balance sheet. To provide clarity, the total deferred liabilities reported in row 0050 are calculated as the sum of deferred tax liabilities that can and cannot be deducted from deferred tax assets based on future profitability. Specifically, this comprises rows 0060 and 0070, respectively. Non-deductible deferred tax liabilities are those that do not meet the conditions outlined in Article 38, paragraphs 3 and 4 of Regulation (EU) No 575/2013. This includes, among others, deferred tax liabilities associated with goodwill, other intangible assets, and defined benefit pension fund assets, which are reported in rows 0330, 0360, and 0410, respectively, within template C.01.00. Therefore, row 0060 should encompass not only deferred tax liabilities that reduce the value of intangible assets or defined benefit pension fund assets required to be deducted as stipulated in Article 38, paragraph 4 but also any remaining deferred liabilities that fail to meet the conditions outlined in Article 38, paragraph 3.

Original source: European Banking Authority, Q&A ID 2022_6643

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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