What is meant by Deferred Tax Asset and Deferred Tax Liability?

Differences between book profits and tax profits that can be reversed in subsequent periods are known as temporary differences for which a deferred tax asset(DTA) or a deferred tax liability(DTL) must be created.

Any difference between book profits and tax profits that cannot be reversed in the subsequent period is known as permanent difference. Accounting Standard (AS) 22 follows an income statement approach that involves the concept of temporary difference based on the difference in book profits and tax profits. However, Indian Accounting Standard (Ind AS) 12 follows a balance sheet approach that accounts for deferred tax on temporary differences arising from the carrying amount of assets and liabilities as per accounting records and tax records.

Deferred Tax means the deferment of taxes due to temporary differences. The tax may be required to be paid in future. DTA arises if you are required to pay more tax in future, and DTL arises if you have paid more tax today and are thus, required to pay less tax in the future. The same is summarised below:

As per AS 22:
Particulars Taxes today Tax in future Effect
Book profit > taxable profit Pay less tax now Pay more tax in future Create DTL
Book profit < Taxable profit Pay more tax now Pay less tax in future Create DTA
As per Ind AS 12:
Particulars In the case of assets In case of liabilities
If carrying amount > tax
Base (i.e. WDV as per books > WDV as per Income Tax)
Create DTL Create DTA
If carrying amount < tax base (i.e. WDV as per books < WDV as per Income Tax) Create DTA Create DTL

No DTA and DTL provisions are required to be made for permanent differences. E.g., Penalties and fines, which are part of book profits but are not allowed as expenses for tax purposes. Such differences are not reversible and are permanent ones.


Instances where DTA or DTL arises

Certain instances where DTA or DTL arises are as under:

  • The amount of depreciation allowed as per books of accounts and amount of depreciation allowable as per tax authorities are different due to the difference in depreciation rates or method of depreciation, i.e. SLM or WDV.
  • Expenses that are allowed to be debited in the statement of profit or loss for accounting purposes but the same are allowed to be debited for the taxation purpose in the subsequent year(s).
    E.g.:

    i) Section 43B allows certain expenditures to be claimed only in the year of actual payment irrespective of the year in which it was liable to be made. ii) Expenses under section 35D for preliminary purpose, 35DD for amalgamation, etc., are not allowed in a single year. They are allowed over a period of few years.

Presentation of Deferred Tax Asset and Deferred Tax Liability in the Balance Sheet

An enterprise must offset both DTA and DTL amounts if it has a legally enforceable right to set off the assets against liabilities representing current tax, and it also intends to settle such assets and liabilities on a net basis.

As per AS-22:
After such set-off, the DTA (net of the DTL) shall be disclosed on the face of the balance sheet separately after the head ‘Investments’ or DTL(net of the DTA) shall be disclosed on the face of the balance sheet separately after the head ‘unsecured loans’ as the case may be.

As per Ind AS-12:
After such set-off, the DTA (net of the DTL) or DTL(net of the DTA) as the case may be, shall be disclosed on the face of the balance sheet separately under the non-current assets or non-current liabilities, respectively.


Illustration on Deferred Tax Asset and Deferred Tax Liability

An entity has acquired an asset for INR 10,000. The depreciation rate as per income tax is 40% on a WDV basis. In books of account, the entity claims depreciation on an equivalent SLM basis of 16.21%.

The entity has accounting and taxable profits of INR 20,000 from year 1 to year 4 before any allowance of depreciation in either case. The tax rate is 30%.

Tax amount as per Income Tax Act
Year 1 2 3 4
Cost of the asset 10,000 6,000 3,600 2,160
Depreciation rate – WDV 40% 40% 40% 40%
Depreciation amount (a x b) 4,000 2400 1440 864
Taxable profits before depreciation 20,000 20,000 20,000 20,000
Less: Depreciation (4,000) (2400) (1440) (864)
Taxable profits after depreciation 16,000 17,600 18,560 19,136
Tax @30% 4,800  5,280 5,568 5,741
Tax Amount as per books of accounts
Year 1 2 3 4
Cost of the asset 10,000 10,000 10,000 10,000
Depreciation rate – SLM 16.21% 16.21% 16.21% 16.21%
Depreciation amount – SLM 1621 1621 1621 1621
Accounting profits before depreciation 20,000 20,000 20,000 20,000
Less: Depreciation (1621) (1621) (1621) (1621)
Accounting profits after depreciation 18,379 18,379 18,379 18,379
Tax provision @ 30% tax rate {30%*(n)} 5,514 5,514 5,514 5,514
 
Effective tax rate=(g)/(o) 26.12% 28.73% 30.30% 31.24%
Difference in tax amounts as per both methods [DTA/(DTL)] 714 234 (54) (227)

Thus, from the above two tables, the tax should be INR 5,514 in all cases as per the accounting profit. The results are distorted. In year 3, in books, the amount of tax provision is higher by INR 54, and in year 4, it is higher by INR 227. This is so because, in years 1 & 2, these figures are lower by INR 714 & INR 234. Thus, the liability that was incurred in years 1 & 2 is paid from year 3 onwards. However, no provision of the differential (INR 714 in year 1 & INR 234 in year 2) is made. The creation of DTA/ DTL will converge this gap.


Effect of Deferred Tax Asset and Deferred Tax Liability on MAT

Minimum Alternate Tax (MAT) is the minimum tax that a company is required to pay if the tax payable under the provisions of the Income Tax Act (excluding surcharge and health and education cess) exceeds 15% of tax on book profits. Such excess tax paid is termed as MAT credit which can be carried forward and utilised for the next 15 years.

Section 115JB of the Income Tax Act governs the MAT computation. It is calculated by adjusting the entity’s book profit. Certain adjustments are discussed here. The book profit shall be increased by the following:

  • The income tax paid or its provision;
  • An amount transferred to any reserve;
  • Amount of deferred tax or its provision
  • Provisions for meeting unascertained liabilities
The book profit shall be decreased by the following:
  • Amount withdrawn from any provision or reserve
  • Depreciation (except depreciation charged on revaluation of assets)
  • Notional gain
  • Amount of deferred tax credited to Profit and Loss A/c etc.

Adjustment of deferred tax liability debited to P&L for the purpose of MAT computation was a contentious and controversial issue. In Prime Textiles Ltd’s case, the Chennai Tribunal has held that the deferred tax liability shall be added back, whereas Kolkata Tribunal in Balrampur Chini’s case has held otherwise. However, Finance Act 2008 introduced an amendment in 115JB to explicitly include a specific clause related to ‘Amount of Deferred Tax in Profit and Loss A/c’. Post this amendment, the following effect has to be given in respect of deferred tax amounts:

  • Increase the book profit by the amount of deferred tax and its provision or
  • Decrease the book profit by the amount of deferred tax, if at all such an amount appears on the credit side of the profit and loss account.

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