IFRS convergence: CBDT to start talks with CA institute
International Financial Reporting Standards (IFRS) is
certainly not off the radar of the taxman, even as the proposed Direct Taxes
Code makes no mention of it, according to a top Finance Ministry official. The
Central Board of Direct Taxes (CBDT) plans to intensify discussions with the
ICAI to examine the direct tax issues arising out of the proposed convergence
of the Indian Generally Accepted Accounting Principles (GAAP) with the IFRS. “We
have not addressed the issue of IFRS so far. But we intend to do that and talks
will begin in right earnest in this regard with the Institute of Chartered
Accountants of India (ICAI),” Mr S. S. N. Moorthy, Chairman of the Central
Board of Direct Taxes (CBDT), told Business Line here. The convergence with
IFRS is expected to happen in three phases beginning April 1, 2011. It is
expected to give rise to significant tax issues, in addition to accounting and
other business issues. With only a year to go before the first phase kicks-in,
there are big doubts as to whether the taxman would move away from Indian GAAP
(Generally Accepted Accounting Principles) to IFRS for taxation purposes. The
draft Direct Taxes Code, in the present form, is very averse to IFRS and does
not recognise fair value measurements or the concept of present values for
taxation purposes. “I think it will be business as usual for the taxman. It is
going to be difficult for him to shift in such short notice. I do not expect
the taxman to move away from Indian GAAP until IFRS is the only GAAP in the
country,” Mr N. Venkatram, National Leader, IFRS, Deloitte India, told Business
Line. He also maintained that most Indian companies moving to the IFRS platform
are unlikely to get any tax benefits out of this convergence in accounting
standards. This is because the taxman is unlikely to fully adopt IFRS for
taxation purposes. It could however benefit Indian companies with international
presence or even multinationals here as they would be able to support their
transfer pricing claims in a better manner through the common IFRS platform now
available in many countries, Mr Venkatram noted. Currently, the Indian tax
authorities largely go by the Indian GAAP. Another important issue is that IFRS
based financial statements are consolidated financial statements and there is
concept of group tax. But in India, there is no concept of group tax and the
Indian Income Tax Department looks at each entity separately, he pointed out. So
when the first phase of IFRS convergence kicks in from April 1, 2011,
subsidiaries of Indian companies that prepare accounts through IFRS may have to
continue with their financial statements under Indian GAAP. Meanwhile, ICAI
Vice-President, Mr G. Ramaswamy, said that the CA institute had recently set up
a joint study group comprising CBDT and income tax department officials and
that the discussions are expected to intensify in coming days. – www.thehindubusinessline.com