Explanatory Statement
Accounting Standard AASB 2012-9
Amendment to AASB 1048 arising from the Withdrawal of Australian Interpretation 1039
December 2012
EXPLANATORY STATEMENT
Main Features of the Standard
AASB 2012-9 Amendment to AASB 1048 arising from the Withdrawal of Australian Interpretation 1039 makes an amendment to Australian Accounting Standard AASB 1048 Interpretation of Standards.
The amendment arises from the withdrawal of Australian Interpretation 1039 Substantive Enactment of Major Tax Bills in Australia.
Australian Interpretation 1039 is withdrawn on the basis that an Australian Interpretation is not necessary, past or current diversity in practice in Australia in relation to this matter is not evident and the issue of whether a tax Bill is substantively enacted is not unique to Australia. The withdrawal is consistent with the AASB’s policy of International Financial Reporting Standard (IFRS) adoption and only issuing a domestic Interpretation of an IFRS adopted for use in Australia in rare and exceptional circumstances, and then only after exploring with the IFRS Interpretations Committee whether that Committee should deal with the matter.
Application Date
The Standard applies to annual reporting periods beginning on or after 1 January 2013, and may be applied to annual reporting periods beginning on or after 1 January 2005 but before 1 January 2013.
Consultation Prior to Issuing the Standard
The AASB issued Exposure Draft ED 226 Withdrawal of Australian Interpretation 1039 Substantive Enactment of Major Tax Bills in Australia, in August 2012.
Eight submissions were received by the AASB in respect of the proposals in ED 226, which were considered in finalising AASB 2012-9.
A Regulation Impact Statement has not been prepared in connection with the issue of the Standard as the amendment made does not have a substantial direct or indirect impact on business or competition, and is not expected to result in a change or diversity in practice.
Statement of Compatibility with Human Rights
AASB 2012-9 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Standard is issued by the AASB in furtherance of the objective of facilitating the Australian economy. It does not diminish or limit any of the applicable human rights or freedoms, and thus does not raise any human rights issues.
Overview
The Accounting Standard AASB 2012-9, enacted in 2012, is an amendment to AASB 1048 arising from the withdrawal of Australian Interpretation 1039. This amendment was introduced to address the redundancy of Australian Interpretation 1039, which was deemed unnecessary as there was no evident diversity in practice in Australia concerning the substantive enactment of major tax bills. The withdrawal aligns with the Australian Accounting Standards Board's policy to adopt International Financial Reporting Standards (IFRS) and to only issue a domestic interpretation of an IFRS in rare and exceptional circumstances after consulting with the IFRS Interpretations Committee. This standard was issued by the AASB to facilitate the Australian economy, and it is compatible with human rights as it does not diminish or limit any applicable human rights or freedoms. The standard applies to annual reporting periods beginning on or after 1 January 2013, and it may also be applied to annual reporting periods beginning on or after 1 January 2005 but before 1 January 2013.
Scope and Application
The AASB 2012-9 Amendment to AASB 1048 arising from the Withdrawal of Australian Interpretation 1039 applies to entities that prepare financial statements in accordance with Australian Accounting Standards. The amendment pertains specifically to the interpretation of standards concerning the substantive enactment of major tax bills in Australia. This amendment is relevant to the annual reporting periods beginning on or after 1 January 2013, although it may also be applied retrospectively to periods beginning on or after 1 January 2005 but before 1 January 2013. The Act affects all entities subject to Australian Accounting Standards, including public and private sector organisations, and those preparing financial statements under special purpose financial reporting. There are no specific exclusions mentioned in the Act; however, the amendment’s primary focus is on clarifying the interpretation of tax bill enactments in financial reporting. The scope of the amendment is confined to the accounting practices within Australia, aligning with the broader objective of facilitating the Australian economy without diminishing human rights or freedoms.
Key Provisions
The primary sections of AASB 2012-9 (section 1) relate to the amendment of Australian Accounting Standard AASB 1048, specifically in response to the withdrawal of Australian Interpretation 1039. This amendment means that AASB 1048 no longer incorporates the guidance on the substantive enactment of major tax bills in Australia, as previously detailed in AI 1039. The decision to withdraw AI 1039 was based on the observation that there is no longer a need for an Australian Interpretation on this matter, no significant diversity in practice exists in Australia, and the issue is not unique to Australia. This withdrawal aligns with the AASB's policy of adopting International Financial Reporting Standards (IFRS) and only issuing domestic interpretations in rare and exceptional circumstances, after consultation with the IFRS Interpretations Committee.
Entities subject to AASB 1048 (section 2) must now ensure their accounting practices no longer rely on AI 1039, especially in relation to the substantive enactment of major tax bills. Instead, they should refer to the amended AASB 1048 for guidance on the interpretation of standards. This amendment requires entities to review their accounting policies and practices to ensure compliance with AASB 1048, as updated by AASB 2012-9. The standard applies to annual reporting periods beginning on or after 1 January 2013, but it may also be applied retrospectively to periods beginning on or after 1 January 2005 but before 1 January 2013.
Failure to comply with the requirements of AASB 2012-9 could lead to non-compliance with AASB 1048, potentially resulting in financial statements that do not accurately reflect the entity's financial position and performance. Although AASB 2012-9 itself does not impose specific penalties for non-compliance, entities may face scrutiny from regulatory bodies and could be required to adjust their financial statements to comply with AASB 1048. This could lead to restatements and potentially reputational damage if the non-compliance is significant. It is essential for entities to ensure that their accounting practices align with the amended standard to maintain compliance with Australian Accounting Standards.
The AASB issued Exposure Draft ED 226 in August 2012, which proposed the withdrawal of AI 1039. Eight submissions were received and considered in finalising AASB 2012-9. The lack of a substantial impact on business or competition, and the absence of expected changes or diversity in practice, meant that a Regulation Impact Statement was not prepared. Moreover, AASB 2012-9 is compatible with the human rights and freedoms recognised in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Standard does not diminish or limit any applicable human rights or freedoms and thus does not raise any human rights issues. It is issued by the AASB to facilitate the Australian economy without affecting the rights and freedoms recognised under international human rights instruments.