PROJECT UPDATE

Improvements to Income Tax Disclosures

Last updated on September 7, 2023. Please refer to the Current Technical Plan for information about the expected release dates of exposure documents and final standards.

(Sections updated on the date above are indicated with an asterisk *)

 

Objective:

The objective of the Improvements to Income Tax Disclosures project (formerly the Disclosure Framework: Disclosure Review—Income Taxes project) is to improve the transparency and decision usefulness of income tax disclosures.
 

Background:

In March 2022, the Board discussed recent feedback received, including feedback on the June 2021 Invitation to Comment, Agenda Consultation and revised the objective of this project to improve the transparency and decision usefulness of income tax disclosures.

Investors, lenders, creditors, and other allocators of capital (collectively, “investors”) have indicated that the existing income tax disclosures should be enhanced to provide information to better assess how an entity’s multi-jurisdictional operations and related tax risks and tax planning and operational opportunities affect its tax rate and prospects for future cash flows. Investors currently rely on the rate reconciliation table and other disclosures, including total income taxes paid in the statement of cash flows, to evaluate income tax risks and opportunities. While investors find these disclosures helpful, they suggested possible enhancements to better (1) understand an entity’s exposure to potential changes in jurisdictional tax legislation and the ensuing risks and opportunities, (2) assess income tax information that affects cash flow forecasts and capital allocation decisions, and (3) identify potential opportunities to increase future cash flows.

This project is intended to address investor requests for more transparency about income tax information through improvements to income tax disclosures primarily related to the rate reconciliation and income taxes paid information.

Under current project: Improvements to Income Tax Disclosures

In March 2022, the Board revised the project objective to improve the transparency and decision usefulness of income tax disclosures and revised the project scope to primarily focus on disclosures related to the rate reconciliation and income taxes paid information.

A proposed Update is expected to be issued in March 2023, with a comment letter period of 75 days, after the Board votes by written ballot.

Exposure Draft: On March 15, 2023, the Board issued a proposed Accounting Standards Update, Income Taxes (Topic 740): Improvements to Income Tax Disclosures. The due date for comment letters is May 30, 2023.
  • Download the proposed Accounting Standards Update.
  • Read comment letters on the proposed Accounting Standards Update.

Under former project: Disclosure Framework: Disclosure Review—Income Taxes

In March 2014, the former project of Disclosure Framework: Disclosure Review—Income Taxes was added to the agenda as one of the Disclosure Framework (FASB Concepts Statement No. 8, Conceptual Framework for Financial Reporting—Chapter 8, Notes to the Financial Statement) Topics to analyze. Under the former project, two proposed Updates were issued.

Exposure Draft:

On July 26, 2016, the Board issued a proposed Accounting Standards Update, Income Taxes (Topic 740): Disclosure Framework—Changes to the Disclosure Requirements for Income Taxes. The due date for comment letters was September 30, 2016. 
 

Comment Letters:

 

Revised Exposure Draft:

On March 25, 2019, the Board issued a revised proposed Accounting Standards Update, Income Taxes (Topic 740): Disclosure Framework—Changes to the Disclosure Requirements for Income Taxes. The due date for comment letters was May 31, 2019. 
  • Download the March 25, 2019 revised proposed Accounting Standards Update, Income Taxes (Topic 740): Disclosure Framework—Changes to the Disclosure Requirements for Income Taxes.
 

Comment Letters:


The following media releases and educational materials are associated with the two proposed Updates issued under the former project, Disclosure Framework: Disclosure Review—Income Taxes.

Decisions Reached at Last Meeting (August 30, 2023):

The Board discussed feedback received and issues for redeliberation on the proposed Accounting Standards Update, Income Taxes (Topic 740): Improvements to Income Tax Disclosures, and made the following decisions.

Rate Reconciliation

The Board affirmed its decision to require that public business entities disclose a tabular reconciliation in the following specific categories:

  1. State and local income tax, net of federal (national) income tax effect
  2. Foreign tax effects
  3. Enactment of new tax laws
  4. Effect of cross-border tax laws
  5. Tax credits
  6. Valuation allowances
  7. Nontaxable or nondeductible items
  8. Changes in unrecognized tax benefits.
The Board affirmed its decision to require that an entity use 5 percent of the amount computed by multiplying the income (or loss) from continuing operations before tax by the applicable statutory income tax rate as the threshold (5 percent threshold) for further disaggregation of reconciling items.

The Board affirmed its decision to require that public business entities separately disclose any reconciling items listed below in which the effect of the reconciling item is equal to or greater than the 5 percent threshold:

  1. If the reconciling item is within the effect of cross-border tax laws, tax credits, and nontaxable or nondeductible items categories, it must be disaggregated by nature.
  2. If the reconciling item is within the foreign tax effects category, it must be disaggregated by jurisdiction (country) and by nature, except for the tax effects related to changes in unrecognized tax benefits (see the tentative Board decision below).
  3. If the reconciling item does not fall within any of the eight specific categories listed above, it must be disaggregated by nature.
The Board affirmed its decision to require that public business entities disclose rate reconciliation information using both percentages and reporting currency amounts.

The Board also decided to:

  1. Retain the discussion of materiality in the basis for conclusions (paragraph BC15 of the proposed Update).
  2. Clarify in the amendments to the Codification that all reconciling items must be presented on a gross basis unless specific guidance permits net presentation.
  3. Include in the amendments to the Codification the description of the nature of the cross-border tax laws category (discussed in paragraph BC18 of the proposed Update) and allow entities to disclose, on a net basis, certain cross-border tax laws effects (for example, global intangible low tax income [GILTI]) and their related foreign tax credits.
  4. Clarify in the amendments to the Codification the intent of the category of enactment of new tax laws.
  5. Clarify in the amendments to the Codification the intent of the category of changes in unrecognized tax benefits and permit entities to aggregate disclosure of changes in unrecognized tax benefits for all jurisdictions.
  6. Align the disclosure requirements on the income tax rate that could be used for the rate reconciliation with U.S. Securities and Exchange Commission (SEC) guidance in Regulation S-X Rule 4-08(h)(2), General Notes to Financial Statements—Income Tax Expense, which allows a foreign entity to use a statutory income tax rate other than the income tax rate in its country of domicile and requires disclosure of the rate used and the basis for using such a rate when the rate used by an entity is other than the U.S. federal corporate income tax rate.
The Board affirmed its decision to require that public business entities provide a qualitative description of the state and local jurisdictions that contribute to the majority of the effect of the state and local income tax category, with clarification that “the majority of the effect” means a simple majority (greater than 50 percent) of the effect of the state and local jurisdiction income tax category.

The Board affirmed its decision to require that public business entities provide an explanation of individual reconciling items, with revisions to replace the proposed example of significant year-over-year changes with other examples to illustrate the expected explanatory information.

The Board affirmed its decision to not provide incremental guidance for entities operating at or near break even and entities domiciled in a jurisdiction with no or minimal statutory tax rates but with significant operations in other jurisdictions with higher statutory tax rates (other than the alignment of the disclosure requirement on the income tax rate with the SEC guidance discussed above).

The Board affirmed its decision to require that public business entities disclose the tabular rate reconciliation on an annual basis.

The Board decided not to add a separate proposed disclosure (in paragraph 740-270-50-2 of the proposed Update) requiring a qualitative description, on an interim basis, of any reconciling items that result in significant changes in the estimated annual effective tax rate from the effective tax rate of the prior annual reporting period.

The Board affirmed its decision to require that an entity other than a public business entity qualitatively disclose the nature and effect of specific categories of reconciling items and individual jurisdictions that result in a significant difference between the statutory tax rate and the effective tax rate; a numerical reconciliation is not required.

Income Taxes Paid

The Board affirmed its decision to require that all entities disclose the amount of income taxes paid (net of refunds received) disaggregated by federal (national), state, and foreign.

The Board affirmed its decision to require that all entities disclose the amount of income taxes paid disaggregated by individual jurisdictions in which income taxes paid (net of refunds received) is equal to or greater than 5 percent of total income taxes paid (net of refunds received).

The Board decided to require that all entities disclose income taxes paid disaggregated by federal (national), state, and foreign and by individual jurisdiction on an annual basis.

Certain Disclosures Previously Exposed for Comment

The Board affirmed its decision to replace the term public entity with the term public business entity.

The Board affirmed its decision to eliminate the requirement for all entities to (1) disclose the nature and estimate of the range of reasonably possible change in the unrecognized tax benefits balance in the next 12 months or (2) make a statement that an estimate of the range cannot be made.

The Board affirmed its decision to remove the requirement to disclose the cumulative amount of each type of temporary difference when a deferred tax liability is not recognized because of the exceptions to comprehensive recognition of deferred taxes related to subsidiaries and corporate joint ventures.

The Board affirmed its decision to require that all entities disclose the following information:

  1. Income (or loss) from continuing operations before income tax expense (or benefit) disaggregated between domestic and foreign.
  2. Income tax expense (or benefit) from continuing operations disaggregated by federal, state, and foreign.
Transition and Effective Date

The Board decided that all entities should apply the amendments on a prospective basis, with a retrospective option.

The Board decided that the amendments will be effective for public business entities for fiscal years beginning after December 15, 2024, and interim periods within fiscal years beginning after December 15, 2025. The Board decided that the amendments will be effective for entities other than public business entities for fiscal years beginning after December 15, 2025, and interim periods within fiscal years beginning after December 15, 2026. The Board also decided that early adoption will be permitted.

Analysis of Costs and Benefits

The Board concluded that it has received sufficient information and analysis to make an informed decision on the expected costs and expected benefits of the amendments and that the expected benefits of those amendments would justify the expected costs.

Next Steps

The Board directed the staff to draft a final Accounting Standards Update for vote by written ballot.

Tentative Board Decisions Reached to Date (as of August 30, 2023):

A summary of decisions reached to date can be found here.

Previous Tentative Board Decisions Prior to March 23, 2022:

A summary of decisions reached prior to March 23, 2022 can be found here.

The Board meeting minutes, handouts, and videos are provided for the information and convenience of constituents who want to follow the Board’s deliberations. All of the conclusions reported are tentative and may be changed at future Board meetings. Decisions become final only after a formal written ballot to issue a final standard.
 
The following are links to the minutes for each meeting. To view Board meetings and handouts from the past 90 days, click here.
 
August 30, 2023* Board Meeting—Improvements to Income Tax Disclosures
November 30, 2022
Board Meeting—Improvements to Income Tax Disclosures
May 11, 2022 Board Meeting—Improvements to Income Tax Disclosures
March 23, 2022 Board Meeting—Improvements to Income Tax Disclosures
February 12, 2020 Board Meeting—Disclosure Review
February 27, 2019 Board Meeting—Disclosure Review
January 23, 2019 Board Meeting—Disclosure Review
November 14, 2018 Board Meeting—Disclosure Review
January 25, 2017 Board Meeting—Disclosure Review
June 8, 2016 Board Meeting—Disclosure Review
March 23, 2016 Board Meeting—Disclosure Review
October 21, 2015 Board Meeting—Disclosure Review
August 26, 2015 Board Meeting—Disclosure Review

The Board directed the staff to draft a final Accounting Standards Update for vote by written ballot.

Lucy Cheng
Supervising Project Manager
lcheng@fasb.org

Jenifer Wyss
Supervising Project Manager
jjwyss@fasb.org

Jennifer Kimmel
Practice Fellow
jkimmel@fasb.org

Emerson Porter
Postgraduate Technical Assistant
eporter@fasb.org

Elizabeth Shields
Postgraduate Technical Assistant
eshields@fasb.org

Joshua Spiller
Postgraduate Technical Assistant
jspiller@fasb.org

The staff has prepared this summary for information purposes only. Any Board decisions are tentative and do not change current accounting. Official positions of the FASB are determined only after extensive due process and deliberations.
 

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