HMRC Accounting & Tax Group

Notes of Meeting - 26 July 2007 at 10.00

Matt Blake- Commissioners’ Advisory Accountant (MB) HMRC
Allana Sheil - CT & VAT(AS) HMRC
John Harnedy (JH) HMT
Richard Martin (RM) ACCA
Lakshmi Narain (LN) CIOT
Phillip Gillet (PG) ICI
James Barbour (JB) ICAS
Ian Young (IY) ICEAW
Andrew Lennard (AL) ASB

Apologies:

Chas Roy-Chowdhury ACCA, Ian Menzies-Conacher CBI, Frank Haskew ICAEW, Josephine Crimmin HMRC, Simon Woodside HMRC, Nick Houghton HMRC, Aiden Lambe ICAI, Michelle Telford HMRC, John Cullinane CIOT.

1. Minutes of previous meeting & matters arising

The minutes had already been agreed. They would be posted on the Consultative Forums website when it was updated.

LN asked for an update on Mars and Grant. AS said she was still interested to hear any comments - see below. Guidance would be published in the Business Income Manual at the end of July.

2. Hot topics and future developments

MB noted that the Forward Look schedule had been updated following his meeting with the professional bodies looking at reporting standards -RM had been to this meeting.

IFRS SMEs/Future UK GAAP

These issues were different but linked so were discussed in tandem.

It was agreed that the consultation paper IASB Exposure Draft of a Proposed IFRS for Small and Medium-sized Entities would be of great interest if it were to become an option for the UK. The issue of what would be the appropriate GAAP for the smallest companies if the draft was adopted and subsequently became part of converged GAAP was discussed.

AL outlined some of the views that were currently emerging from Europe, EFRAG, IASB etc on IFRS for smaller entities. It was noted that S50 (3) FA 04 did not require that a company use full IFRS but only that which had been adopted within the EU. Currently there were few differences but that might change in time.

[At this point Ian Young joined the meeting]

The group discussed the possible problems of adopting the IFRS for SMEs in Europe under the existing regulations. It was agreed that frequent amendments to the 4th Directive made the situation increasingly more complicated. He was in favour of the project continuing and that it might be appropriate to replace UK GAAP with it for unlisted companies.

The question of the DTI’s (now DBERR) role was also discussed. AL commented that it was the ASB that would have to decide what standards would apply to smaller companies. The group came to a general view that the draft IFRS for SMEs might not be appropriate for smaller companies.

RM commented on the Simplification document - simplification of accounting rules for small and medium-sized companies – discussion of possible amendments to the 4th and 7th Company Law Directives. It clearly mapped out the possibility that micro enterprises might be taken out of the 4th and 7th Directives entirely. The question of different options for different member states was discussed but it seemed unlikely that a member state could opt to 'gold plate' an EU directive. Because of the implications for the P&L account it was agreed that the group would need to keep the situation under review. LN raised the issue of disclosures and CTSA tax returns – if simplification required less information in the accounts how might that effect the penalty position? The group discussed how simplification might affect transactions with related parties and the information that HMRC would expect to find in returns post simplification. The question of HMRC being the only user of a set of accounts was also mentioned – did the standard setters consider this? It was noted that tax authorities were the biggest users of accounts world wide but AL commented that the fact that the standards were used for tax purposes was only one among several. However HMRC could engage in the process to ensue that its needs were met.
There was further discussion on the proper role of standards and standard setters, the increasing subjectivity now required in producing accounts, and finally materiality and mistakes in accounts if the simplification project were to proceed.

Other Hot topics refer to Forward Look schedule for more detail)

UK

  • FRS 3 – minor clarification only.
  • 2007 FRSSE – the change to share based payments was not seen as in issue by the group.
  • FRED 39 amendments to FRS 12 – little had happened since the last meeting. Views were expressed on how the draft might or might not work in certain circumstances.
  • FRED 41 – not wide ranging or likely to present tax issues.

IFRS

  • Insurance contracts – this was seen as an interesting area – would the IASB restrict its views to insurance contracts only. The ASB had issued a briefing paper. The wider issue of revenue recognition was discussed. It was noted that EFRAG have a current paper on revenue recognition.
  • Amendments to IAS 23 - the rules for capitalising were agreed to be fairly narrow.
  • Fair Value measurement discussion paper – although some of the options might produce interesting tax outcomes, since this was simply a discussion paper it was agreed to monitor it only.
  • The more general issue of IFRS adoption was discussed in order to inform HMRC training needs. Take up was perceived to be low. The potential changes to IAS 27 might however alleviate some of the disincentives.
  • Leasing proposals – it was agreed that this should have a higher profile. A member of the ASB was now on secondment to the IASB on this issue.
  • IFRIC on customer loyalty – this would not produce many changes for those that had followed FRS 5 ANG.
  • Mars and Grant – this item was on the list because of the accounting – did the group think that there were items other than stock that, although there were debits and credits produced in preparing the accounts, didn’t come into affect until they hit the P&L. This tied in with differences between book keeping and accounting principles commented on by Lord Hope. AS was asked what the 'practice generally prevailing' was for Error or Mistake relief and replied that the PGP prior to the House of Lords decision was the method, whereby the add back was made for the year in which the stock was manufactured.

To add to list

  • Interpretation on Public Benefit Entities, eg - charities, social housing
  • Improvements Project. This didn’t yet have a high profile but had been flagged up in the IASB update. Items included advertising and promotional activities – when where these items assets and when were they expensed, eg - where brochures assets?
  • Draft IFRIC D21 – Real Estate Sales– when should revenue be recognised if development not completed?
  • It was agreed that the Conceptual framework, though not a hot topic, should stay on the radar.

3. Report of PFI Contact Group meeting

AS said that the above group had met recently to discuss the accounting implications of IFRIC 12. They were happy that the accounting issues of the Contact Group be brought under the umbrella of the Accounting and Tax Group as a sub group. RM asked Al what the ASB’s stance on IFRIC 12 was – he said that this would be an issue for convergence only.

4. Report of IAS 39 Working Party

The hedging and forex matching sub-group met in June to consider proposals put forward by HMRC for changes to the Disregard Regulations in general and to forex matching in particular, to be linked to the repeal of section 84A FA96 and paragraph 16 Schedule 26 FA 2002. The key points of the proposals were: matching of eligible investments in foreign operations with net liabilities in the same currency to be mandatory; companies to be able to elect to match net asset value of investments, rather than cost; all designated cash flow hedges to be taxed on the basis of amounts credited or debited to P&L. The group felt that these major changes should not be introduced until next year, to allow companies to plan accordingly; but HMRC would draft changes to regulations along these lines, and consult the IAS 39 Working Group on the draft later this year. In the meantime, it was desirable to make minor changes to regulation 4A of the Disregard Regulations, to take effect this year.

A further tranche of updates to the Corporate Finance Manual was published in July, including substantial new chapters on hybrid securities and securitisation. A further batch of material, including updated guidance on matching and on functional currency, is expected to be published in August or early September.

5. Any other business

None.