Untitled Document

Global Tax Accounting Services Around the world: When to account for tax law changes

Background

Keeping track of tax law changes around the world has increasingly become a challenge for businesses. Companies are rapidly expanding their geographic footprint at a time when the evolution and developments in jurisdictional tax laws are undergoing nearly constant change. Naturally, changes in tax law have an impact on tax planning, tax return preparation and, ultimately, tax cash flows. Those consequences, however, are often preceded by the impact of such changes on company financial reporting.

Companies reporting under US Generally Accepted Accounting Principles (US GAAP) or International Financial Reporting Standards (IFRS) need to understand when a change in tax law impacts the measurement of current and deferred income taxes — that is, they must understand in which reporting period the effects of a change in the law are to be recorded. Reporting groups should have procedures in place to ensure that the relevant financial accounting standard is properly applied. Failure to properly apply the relevant standard may result in current and deferred income taxes being misstated and reveal a weakness in controls.

Requirements for tax law changes

Under US GAAP, Accounting Standards Codification (ASC) 740, Accounting for Income Taxes, requires companies to measure current and deferred income taxes based on the tax laws that are enacted as of the balance sheet date of the relevant reporting period. With respect to deferred tax assets and liabilities, that means measurement is based upon enacted law that is expected to apply when the temporary differences are expected to be realized or settled. As a result, even legislation having an effective date considerably in the future will typically cause an immediate financial reporting consequence. Legislation is considered enacted, as required by US GAAP, when any further procedures in respect to the particular legislation being passed at the time are unable to change the outcome.

Under IFRS, International Accounting Standard (IAS) 12, Income Taxes, requires companies to measure current and deferred income taxes based on the tax laws that are enacted or substantively enacted as of the balance sheet date of the relevant reporting period. The International Accounting Standards Board (IASB) has indicated that substantive enactment is achieved when any future steps in the enactment process will not change the outcome. In this context, will not does not mean can not. Rather, it is necessary to assess whether the further steps in the enactment process are steps that historically have affected the outcome and whether there are any other factors that indicate that those steps are substantive.

In some cases, enactment and substantive enactment will occur at the same point in a legislative process. If the respective dates differ, it is naturally possible that they will occur in different reporting periods. Awareness and identification of the relevant milestones in a jurisdiction's legislative process are therefore essential to complying with the applicable financial accounting standard.

Application by jurisdiction

As each country has its own legislative process, the point at which a new law is considered enacted for US GAAP purposes or substantively enacted for IFRS purposes depends upon the particular jurisdiction's process. It is therefore important to understand the process on a country-by-country (as well as on a state, provincial or other jurisdictional) basis. For example, in some countries, the announcement of a change in tax law by the government may have the effect of actual enactment, even if certain formalities of the legislative process have yet to take place. In such cases, the law may be considered substantively enacted under IFRS, even though it may not yet be considered enacted under US GAAP. These and other situations can result in substantive enactment and enactment occurring in different reporting periods.

It should also be noted that many countries require a change in law to be published in a gazette or similar publication once final approval has been obtained. Such a step may or may not be a requirement for the legislation to be considered enacted under US GAAP, depending upon the nature of the particular jurisdiction's process. If publication is merely ministerial or administrative and there is no further legislative action or veto power that could prevent or reverse the enactment process, enactment would have occurred.

A global tool for keeping track of relevant accounting dates

To assist companies in monitoring global legislative proposals and processes, PwC's Global Tax Accounting Services team presents this summary of the points of enactment and substantive enactment in the legislative process of selected jurisdictions throughout the world. This summary is intended to provide a starting point in determining when a change in local country tax law should be reflected in current and deferred income taxes and may be a helpful platform for the development or refinement of an effective controls process. Additional advice should be sought, however, particularly in situations where the standard legislative process for a specific country is
not followed.

The summary is based on our understanding of each jurisdiction's current laws, governing procedures and practices as of December 2013. We note that such laws, procedures and practices are subject to change and that a more detailed examination in respect to any particular jurisdiction could lead to a different conclusion.

 

Summary

Jurisdiction

Substantive enactment

Enactment

Argentina

Upon presidential signature, or after
10 days from approval by Congress without presidential rejection.

Upon publication of the tax bill in the official gazette.

Armenia

Upon signature of the president.

Upon publication in the official journal.

Australia

Generally upon passage through both houses of Parliament, unless in rare circumstances where there is no significant uncertainty about the outcome of a tax bill.

Upon royal assent of the bill.

Austria

Upon signature of the president.

Upon publication of the bill in the official gazette.

Azerbaijan

Upon signature of the president.

Upon official publication of the law. The law shall be officially published within 72 hours after it is signed by the president.

Belgium

Upon acceptance by the Senate and transmittal to the Chamber of a draft bill.

Upon ratification of the bill by the monarch.

Bosnia & Herzegovina

Federation of Bosnia and Herzegovina: upon approval by the Parliament of the federation.
Republic of Srpska: upon approval by the National Assembly of the Republic of Srpska.

Upon publication in the official gazette.

Brazil

For ordinary legislation: upon approval of the text by the Senate and the Congress, sanctioned by the president (or the remaining text after partial vetoes).
For provisional measures: upon publication of the text by the president for consideration by the Senate and the Congress (usually effective as of the publication date and permitted only for specific matters of national urgency and relevance).

For ordinary legislation: upon publication of the law, except if otherwise stated (retroactive effect is not allowed).
For provisional measures: upon conversion of the measure into ordinary law.

Bulgaria

After the second reading in the Parliament.

Upon promulgation by presidential decree, published in the state gazette.

Cambodia

For laws: upon signature of the king.
For sub-decrees: upon signature of the
prime minister.
For prakas: upon signature of the minister of the Ministry of Economy and Finance.

For laws: upon signature of the king.
For sub-decrees: upon signature of the
prime minister.
For prakas/regulations: upon signature of
the minister of the Ministry of Economy
and Finance.

Canada

If there is a majority government, when detailed draft legislation has been tabled for first reading in Parliament; if there is a minority government, once the proposals have passed third reading in the House
of Commons.

Upon royal assent of the bill.

Chile

Upon signature of the president.

Upon publication of the legislation in the Chilean official gazette.

China

For tax laws: upon passage by the National People's Congress.
For tax regulations: upon passage by the state council for tax regulations.

For tax laws: upon signature of the president and publication of the legislation immediately.
For tax regulations: upon signature of the premier of the state council and publication immediately after.

Colombia

Upon signature of the president.

Upon publication in the official gazette of a bill signed into law by the president.

Costa Rica

Upon signature of the president.

Upon publication of the bill in the official gazette.

Croatia

Upon signature of the president.

Upon publication in the official gazette.

Cyprus

Upon approval by the Parliament.

Upon publication in the government gazette.

Czech Republic

Upon signature of the president.

Upon publication of the legislation in the Collections of Laws following signature by the president.

Denmark

Upon approval by the Parliament.

When signed by the minister and the monarch and made public in Lovtidende.

Dominican Republic

Upon signature of the president.

For National District (the national capital), the day following the publication of the law in the official legal gazette and for the rest of the country, two days following its official publication.

Ecuador

Upon approval by the president or thirty days after the approval of the National Assembly if the president has not signed the law within
that period.

The day following the publication of the tax law in the official gazette, unless a different date is stated in the law.

Egypt

Upon approval by Parliament sanctioned by the president.

Upon publication of the legislation in the official gazette.

El Salvador

Upon signature of the president.

Upon publication of the law in the official gazette.

Estonia

Upon signature of the president.

Upon publication in the (electronic) state gazette.

Finland

Upon approval by the Parliament.

Upon signature of the president.

France

Upon adoption by the two assemblies and after validation by the Constitutional Council or after expiration of the period to refer the law to the Constitutional Council.

The day following the publication in the official bulletin unless a different date is stated in the law.

Georgia

Upon signature of the president.

Upon publication in the official journal.

Germany

Upon passage by the Upper and Lower houses of the Parliament.

Upon signature of the federal president.

Gibraltar

Upon approval by the Parliament.

Upon royal assent of the bill.

Greece

Upon final voting by the Parliament on the bill's articles in their totality (although different procedures may apply for special legislative acts).

Upon publication in the government gazette.

Guatemala

Upon signature of the president.

The eighth day following publication of the tax bill in the official gazette unless a different date is stated in the law.

Honduras

Upon approval by the National Congress.

Upon publication in the official gazette.

Hong Kong

After the third reading of the proposals by the Legislative Council.

Upon signature of the chief executive and publication in the gazette.

Hungary

Upon signature of the president of the Parliament and of the republic.

Upon publication of the legislation in the Hungarian official gazette.

India

Upon passage by both houses of Parliament.

Upon signature of the president and publication in the official gazette of India.

Indonesia

Upon mutual agreement of the bill by the president and the Parliament.

Upon signature of the president or thirty days after the mutual agreement if the bill has not been signed by the president within that period.

Ireland

Upon passage of a bill by Dáil Eireann (House of Representatives).

Upon signature of the president.

Israel

Upon approval of the law in the third reading at the Knesset (the Israeli Parliament).

Upon signature by the officials authorized by the Israeli laws.

Italy

Upon signature of the president.

Upon signature of the president.

Japan

Upon passage by the Diet.

Upon passage by the Diet.

Jordan

Upon ratification by the king of a bill passed by the Senate and the House of Deputies or six months after it is passed by both houses if not ratified/referred back by the king during
that period.
Upon approval by a two-thirds majority of both houses if a bill is referred back by the king.

Upon ratification by the king of a bill passed by the Senate and the House of Deputies or six months after it is passed by both houses if not ratified/referred back by the king during that period.
Upon approval by two-thirds majority of both houses if a bill is referred back by the king.

Kazakhstan

Upon signature of the president.

Upon signature of the president.

Korea

Upon promulgation by the president or upon a successful override of a presidential veto by the National Assembly.

Upon promulgation by the president or upon a successful override of a presidential veto by the National Assembly.

Kuwait

Upon signature of the Amir of Kuwait

Upon publication of the tax decree in the official gazette.

Lebanon

Upon approval by the Parliament.

Upon publication in the official gazette.

Libya

Upon approval of a bill by the General National Council.

Upon publication in the official gazette.

Lithuania

Upon approval by the president or upon approval by the speaker of Seimas if the president has not signed the law.

Upon publication of the legislation in the official gazette unless a different date is stated in
the law.

Luxembourg

Upon ratification of the bill by the Grand-Duc.

Upon publication of the bill in the official gazette.

Macedonia

Upon signature of the president.

Upon signature of the president.

Malaysia

Upon announcement by the minister during the annual budget speech and the issuance of the bill.

Upon royal assent.

Malta

For acts/primary legislation: once bills are duly passed by the House of Representatives and assented to by the president in accordance with the Constitution.
The above acts may delegate powers to relevant ministers for the separate enactment of legal notices/subsidiary legislation.

For both acts/primary legislation and legal notices/subsidiary legislation: upon publication in the government gazette.

Mexico

Upon signature of the president.

The day following publication of the tax bill in the federal official gazette unless a different date is stated in the law.

Mongolia

For legislation: upon approval by the Parliament.
For regulations, decrees and resolutions: upon approval by authorized government agencies.

Upon publication of the legislation in the
state bulletin.

Montenegro

Upon approval by Parliament.

Upon publication of the bill in the official gazette.

Netherlands

Upon approval by both houses of Parliament.

The day after formal publication of the law in the state gazette.

New Zealand

After the third reading in the House
of Parliament.

Upon royal assent of the bill.

Nicaragua

Upon signature of the president.

Upon publication in the official gazette.

Norway

Upon approval by the Parliament.

Upon approval by the king in Council.

Oman

Upon issuance of a royal decree.

Upon publication of the royal decree in the official gazette.

Palestinian Territories (West Bank and Gaza)

Upon signature of the president.

Upon publication of the legislation in the Palestinian official gazette.

Panama

Upon approval by the National Assembly's president and the president.

Upon publication in the official legal gazette.

Peru

Upon approval of the bill by the president or upon approval by the president of the Congress if the president does not sign the bill within 15 days.

Upon publication of the bill in the Diario
Oficial El Peruano.

Poland

Upon signature of the president.

Upon publication of the legislation in the Polish journal of laws.

Portugal

Upon passage of the bill by the National Assembly (law) or the Council of Ministries (decree-law).

Upon publication in the daily official gazette.

Puerto Rico

Upon signature of the governor of Puerto Rico.

Upon signature of the governor of Puerto Rico.

Qatar

When a law has been ratified and promulgated by the emir of the state of
Qatar or when the Council of Ministers passes the law with a two-thirds majority of all its members.

Upon publication in the official gazette unless otherwise stated in the law.

Romania

Upon signature of the president.

Upon publication in the official gazette.

Russia

Upon signature of the president.

Upon publication of the law in the official media (Rossiyskaya gazeta, Parlamentskaya gazeta, or Sobranie Zakonodatelstva v RF).

Saudi Arabia

Upon approval by the king.

The day following publication in the official gazette unless a different date is stated in
the law.

Serbia

Upon approval by the Parliament.

Upon publication of the bill in the official gazette.

Singapore

Upon announcement by the minister of finance during the annual budget speech.

Upon presidential assent of the bill.

Slovak Republic

Upon approval by the president.

Upon publication in the Collection of Law (Zbierka zakonov).

Slovenia

Upon signature of the president.

Upon publication in the official gazette.

South Africa

For changes in tax rates not inextricably linked to other changes in the tax laws: upon announcement in the minister of finance's Budget Statement.
For changes in tax rates inextricably linked to other changes in the tax laws and for all other changes to tax laws: upon approval by the Parliament and signature of the president.

Upon signature of the president.

Spain

For ordinary legislation: upon approval by the Parliament (the Congress of Deputies and
the Senate).
For urgent accelerated legislation: Upon approval by the Board of Ministers.

For ordinary legislation: upon publication of the bill in the official government gazette, the day after ratification by the monarch.
For urgent accelerated legislation: upon publication of the royal decree law in the official government gazette, the day after ratification by the monarch.

Sweden

Upon approval by the Parliament (Riksdagen).

Upon approval by the Parliament (Riksdagen).

Switzerland

Usually upon approval by the respective Parliament, i.e. Federal, Cantonal or Communal (at the end of the 100-day referendum term), unless a referendum is held, in which case (at the federal level) after the referendum ballot.

Upon approval by the respective Parliament, i.e. Federal, Cantonal or Communal (at the end of the 100-day referendum term) unless a referendum is held, in which case (at the federal level) after the referendum ballot. In some cases enactment can also depend on fulfillment of certain economic conditions set in the law.

Taiwan

Upon passage by the Legislative Yuan.

Upon promulgation by presidential decree.

Thailand

Upon signature of the monarch.

Upon signature of the monarch.

Turkey

Upon approval by the Parliament.

Upon signature of the president of the Republic of Turkey and publication of the bill in the daily official gazette.

Turkmenistan

Upon signature of the president.

Upon publication in official public sources of information unless another date is defined in the respective legislative act.

Ukraine

Upon signature of the president.

Upon publication in the official gazette.

United Kingdom

Upon passage of a resolution under the Provisional Collection of Taxes Act by the House of Commons or after the third reading in the House of Commons.

Upon royal assent of the bill.

United States - federal

Upon signature of the president or upon a successful override of a presidential veto by both houses of Congress.

Upon signature of the president or upon a successful override of a presidential veto by both houses of Congress.

United States – state of California

Upon signature of the governor, or 30 days after a bill is submitted to the governor if the bill is not signed or vetoed during that period.
Upon approval by a two-thirds majority in both houses following a veto by the governor.
Legislative regulations, upon approval by the California Office of Administrative Law that are issued in response to enacted legislation, may be considered a change in law having equal force of a bill signed by the governor.

Upon signature of the governor, or 30 days after a bill is submitted to the governor if the bill is not signed or vetoed during that period.
Upon approval by a two-thirds majority in both houses following a veto by the governor.
Legislative regulations, upon approval by the California Office of Administrative Law, that are issued in response to enacted legislation may be considered a change in law having equal force of a bill signed by the governor.

United States – state of Massachusetts

Upon signature of the governor, or 10 days after a bill is submitted to the governor if the bill is not signed or vetoed during that period.
Upon approval by a two-thirds majority in both houses following a veto by the governor.

Upon signature of the governor, or 10 days after a bill is submitted to the governor if the bill is not signed or vetoed during that period.
Upon approval by a two-thirds majority in both houses following a veto by the governor.

United States – state of New York

Upon signature of the governor, or 10 days after a bill is submitted to the governor if the bill is not signed or vetoed during that period.
Upon approval by a two-thirds majority in both houses following a veto by the governor.

Upon signature of the governor, or 10 days after a bill is submitted to the governor if the bill is not signed or vetoed during that period.
Upon approval by a two-thirds majority in both houses following a veto by the governor.

Uzbekistan

Upon signature of the president.

Upon publication in official public sources of information unless another date is defined in the respective legislative act.

Venezuela

Upon promulgation by the president.

Upon publication in the official gazette.

Vietnam

Upon passage by the National People's Congress for tax laws and upon passage by the government for tax decrees.

Upon publication in the official gazette.

 

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Ken Kuykendall
Partner
Global & US Tax Accounting Services Leader
(+1) 312 298 2546
o.k.kuykendall@us.pwc.com

Edward Abahoonie
Partner
US Tax Accounting Services Technical Leader
(+1) 973 236 4448
edward.abahoonie@us.pwc.com

Andrew Wiggins
Partner
Global Tax Accounting Services Knowledge Management Leader
(+44) 121 232 2065
andrew.wiggins@uk.pwc.com

Juliette Wynne-Jones
Senior Manager
UK Tax Risk Assurance
(+44) (0)20 7212 5872
wynne-jones.h.juliette@uk.pwc.com

Amélie Jeudi de Grissac
Senior Manager
Global & US Accounting Services Group
(+1) 973 236 7441
amelie.m.jeudi.de.grissac@us.pwc.com