CFM13275 - Taxing derivative contracts: hedging: hedging relationship - intention

"Intended to act as a hedge"

This guidance applies to periods of account beginning on or after 1 January 2005

A “hedging relationship”, as defined in Regulation 2(5) will exist where the hedging instrument is intended to act as a hedge of variation in fair value or cash flows, as well as where a hedge is designated.

A company’s intention in undertaking a financial transaction is expressed through the intentions of its directors, although in many cases decisions will be delegated to a lower level of management. Particularly in large companies, the board of directors (or the group board) is likely to have set out a detailed policy on risk management. A company that has adopted IAS 32 and IAS 39 (or the UK equivalents) and wishes to use hedge accounting must have such documentation.

In the majority of cases, it will be clear that the company has entered into a particular derivative contract (or liability) with the intention of hedging a particular asset, liability or forecast transaction. This will particularly be so where:

  • such hedges are in line with the company’s normal risk management policy, and
  • there is a readily-discernable relationship between fair value changes or cash flows in the derivative, and those in the hedged item (even if the hedge fails IAS 39 effectiveness tests).

For example, a company issuing $100 million of fixed rate debt might at the same time enter into cross-currency swaps with total notional principal amount of $100 million, which have the effect of converting the debt into a sterling floating rate liability. It is clear in such circumstances that the company will have entered into the swaps with the intention of hedging the debt issue, even if no hedge is designated.