Tax in Solvency II. Ayesha Patel. 10 June Tel: June 2014

Similar documents
PwC Assurance Main contacts

FS Regulatory Centre of Excellence, 2 December Hot Topic. Solvency II requirements published. 3. Provisional equivalence of third countries.

PRA Solvency II update James Orr. 29 April 2015

Recent developments in Pillar 3

Hot Topic: Understanding the implications of QIS5

17/06/2012. Solvency II: Implementation Challenges & Opportunities. What is Solvency II about?

EIOPA's Supervisory Statement. Solvency II: Solvency and Financial Condition Report

EIOPA-CP-13/ March Cover note for the Consultation on Guidelines on preparing for Solvency II

Consultation Paper on the draft proposal for Guidelines on reporting and public disclosure

Hot Topic Publication of final EIOPA guidelines signals renewed effort towards Solvency II finalisation

2013 Conference Risk, Recovery & Real Growth" 23rd Annual CAA Conference Secrets Wild Orchid Montego Bay, Jamaica. 4 th to 6 th December 2013

Solvency Assessment and Management: Steering Committee Position Paper (v 3) Loss-absorbing capacity of deferred taxes

Supervisory Statement SS15/15 Solvency II: approvals. March Appendix 2.15

EIOPA Proposal for Guidelines on the preparation for Solvency II. October Milliman Solvency II Update

CFO NETWORK 22 ND OCTOBER 2015

Current status of Solvency II and challenges down the line. Matthew Edwards 11 October 2011

The Central Bank s Requirement for External Audit of Solvency II Regulatory Returns / Public Disclosures

PRA Solvency II regulatory reporting update IFoA

Tax after Solvency II

European Solvency II Survey 2014

Number Date Reference

Pillar 3: THE START OF LIVE REPORTING

EU publications Technical information for 30/9 30/12 firms to calculate TPs and BoF Page 2

Solvency II & Risk Assurance 2015 plan

EU publications ECON extends scrutiny period of amending Delegated Act Page 3. Reporting ITS published in Official Journal Page 3

Pillar 3 reporting for Life Companies

Solvency and financial condition report 2017

SOLVENCY ASSESSMENT AND MANAGEMENT (SAM) FRAMEWORK

Society of Actuaries in Ireland Solvency II for Beginners. Mike Frazer. 19 May 2011

Solvency II European Lessons

Solvency II Update. Latest developments and industry challenges (Session 10) Réjean Besner

Cover note. Public consultation on:

Consultation Paper CP23/14. Solvency II approvals

WHITE PAPER. Solvency II Compliance and beyond: Title The essential steps for insurance firms

Solvency ii. Valuation & Balance Sheet and RePORTING & DISCLOSURE workshops. 22 & 23 June Lloyd s

Guidance on the Actuarial Function MARCH 2018

Regulatory Consultation Paper Round-up

SII Balance Sheet Assurance what did we learn? And Meet S2D2!

Cover note for the draft consultation papers on the Guidelines and ITS for Solvency II (set 2)

GIBRALTAR INSURANCE FORUM Considerations within the Solvency II Environment. 3 March 2015

Solvency II Primer Regulatory Update September 2015

IAA Fund Seminar in Chinese Taipei

EIOPA consultation on 2 nd set of ITS and GL

Solvency and Financial Condition Report Trafalgar Insurance plc

Solvency II. Insurance and Pensions Unit, European Commission

AFM NED Conference Solvency II Business as Usual. Steve Dixon of SDA llp

Background information about Guidelines on preparing for Solvency II

SOLVENCY II BALANCE SHEET MARKET WORKSHOPS

SOLVENCY II NEWSLETTER

Actuaries and the Regulatory Environment. Role of the Actuary in the Solvency II framework

Solvency II Detailed guidance notes

Solvency II dragging Australia into Europe once again

Solvency II & Risk assurance

Supervisory Statement SS15/16 Solvency II: Monitoring model drift and standard formula SCR reporting for firms with an approved internal model

Guidance on the Actuarial Function April 2016

< Picture to go here > SOLVENCY II PILLAR 3. Market briefing 8 June Lloyd s 1

Insurance Europe Position Paper on the Solvency II Reporting Package. ECO-SLV Date: 15 May 2012

Solvency II and GAAP in the UK - Accounting and Other topical issues. 22 October 2015

Solvency II The Reporting Challenge

Webinar. The Gibraltar Financial Services Commission. Solvency II Implications for Non-Executive Directors (NEDs) 28 th May 2015

Final Report. Public Consultation No. 14/036 on. Guidelines on the loss-absorbing. capacity of technical provisions and.

Re: Possible Solvency and Financial Condition Report components subject to assurance

EU publications EIOPA announces launch of EU-wide thematic review of the UL life insurance market Page 2

Proposal for the Quality Assurance of the Solvency II capital requirements, own funds and balance sheet

Update Solvency II; Omnibus II, next steps Baltic Actuaries seminar Vilnius Wednesday 23 April 2014

Solvency II Frequently Asked Questions

CP3/14 Solvency II: recognition of deferred tax. Institute and Faculty of Actuaries consultation response to the Prudential Regulation Authority

Results of the QIS5 Report

EIOPA- CP-14/ November 2014

The internal and external reporting

EU publications Online survey for assessment of insurance based investment products Page 2

Solvency II: Implementation Challenges & Experiences Learned

Does the ORSA add value? Challenges and initial achievements. Lukas Ziewer Risk Management Perspectives, 18/11/2014

Solvency and Financial Condition Report Trafalgar Insurance plc

Solvency II Insights for North American Insurers. CAS Centennial Meeting Damon Paisley Bill VonSeggern November 10, 2014

Preparing for SII and IDD what is the best approach for local stakeholders to consider?

Pillar 2 for Insurer s:

kpmg KPMG response to Consultation Paper CP104 Consultation on External Audit of Solvency II Regulatory Returns / Pubic Disclosures

Actuaries Club of the Southwest

Karel VAN HULLE. Head of Unit, Insurance and Pensions, DG Markt, European Commission

SAIA SAM PSO. Issue 3 / ORSA: meeting the challenge and seeking the value

Single Group Solvency and Financial Condition Report. Nelson Group of Companies. Financial Year 31/12/2017

Insurance Supervisory Approach January February 2018

GIRO Working Party. Role of the Actuarial Function under Solvency II. Authors. October 2011

Aon Risk Solutions Global Risk Consulting. Solvency II An Overview of the Challenges for Captives. Risk. Reinsurance. Human Resources.

FOR THE YEAR ENDING 31 DECEMBER Pacific Life Re Limited ( Solo ); and Pacific Life Re Holdings Limited ( Group ) 19 May 2017

World Bank / IFC Global Insurance Conference. Challenging aspects of Solvency II and the Own Risk Solvency Assessment (ORSA)

Hot Topic. EIOPA publishes interim technical guidelines and launches stress testing exercise. Summary. FS Regulatory Centre of Excellence

Solvency II - Benefits of Strategic Implementation

Final report on public consultation No. 14/052 on the implementing. technical standards on the templates for. the submission of information to the

The Society of Actuaries in Ireland

Valuing Sponsor Support Presentation to the Institute and Faculty of Actuaries

Solvency and financial condition report Standard Life Assurance Limited

MAS reviews Risk-Based Capital framework

EIOPA Final Report on Public Consultations No. 13/011 on the Proposal for Guidelines on the Pre!application for Internal Models

SAM QRT Workshop Asset Templates April 2013

Report on long-term guarantees measures and measures on equity risk

Welcome to the latest edition of KPMG s Actuate Newsletter

BAILLIE GIFFORD. Baillie Gifford Life Limited Solvency and Financial Condition Report (SFCR) As at 31 March 2018

ORSA An International Development

Transcription:

Tax in Solvency II Ayesha Patel Email: ayesha.patel@uk.pwc.com Tel: 020 7212 1239 June 2014 10 June 2014

Agenda 1 Background 2 The three Pillars 3 Pillar I in detail 4 Survey 5 Summary 6 Questions 2

Background 3

Solvency II Roadmap to 2016 2013 2014 Solvency II Go-Live 2015 2016 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 2017 27 Sep: EIOPA s Preparatory Guidelines finalised 13 Nov: Trilogue debate concluded on LTG 25 Nov: European Council published the likely final compromise text of the Omnibus II. BAU activities for Pillar 1, Pillar 2 and Pillar 3 12 Dec: PRA published its Supervisory Statement in response to EIOPA s Preparatory Guide lines 11 Mar: plenary vote on Omnibus II Political and Regulatory activities May 2014: Omnibus II published in Official Journal Member states vote Solvency II into national law before 31 March Supervisors will have power to start granting 2015 internal model approvals from 1 April 2015 Jul Sep: EP+ Council EC draft Adoption of Delegated Acts object Delegated Acts NCAs develop national specific templates. EIOPA consultations and XBRL taxonomy finalised 1 Jan 14: Solvency II Interim Measures effective Systems of governance Forward looking assessment of own risks (FLAOR) based on ORSA principles Draft Regulatory Technical Standards Pre-application for Internal Model Reporting to Supervisors Adoption of Regulatory Technical Standards Deadlines reduce by 2 weeks each year and settle on: Quarterly: 5 weeks after q/e Annual: 14 weeks after y/e Build, implementation and testing phase Dry run on Annual narrative Probable dry run on end 2 Annual narrative and QRT reporting Q3 data and QRT reporting 2015 figures Solo: 18 weeks Pillar 3 SII re-planning: Assess and re-design Solo: 22 weeks Group: 28 weeks Data readiness assessment and cataloguing/ integration for asset dry run/ sourcing (e.g. derivative data) Deploy technology for interim and full reporting covering data warehouse, models, consolidation platforms Solo: 20 weeks Group: 26 weeks 1 Dry run on Q2 Quarterly narrative and QRT data reporting Quarterly narrative and QRT reporting Quarterly narrative and QRT reporting Group: 24 weeks Quarterly narrative and QRT reporting Quarterly narrative and QRT reporting Process alignment: install framework for reconciliations between current reporting basis vs. Solvency II Solo: 8 weeks Group: 14 weeks Last SI reporting Solo: 8 weeks Group: 14 weeks Solo: 7 weeks Group: 13 weeks Solo/Groups: 3 months

The three Pillars 5

The Three Pillars of SII Pillar I Quantitative requirements Calculation of a Solvency Capital Requirement (SCR) Standard formula or internal model Need to ensure insurer able to meet obligations over next 12 months with 99.5% probability Minimum Capital Requirement (MCR) lower level (85%) SCR to be covered by eligible own funds MCR to be covered by basic own funds Pillar II Supervisory review Develop and demonstrate adequate system of governance Appropriate internal organisation and key functions Effective risk management system Prospective risk identification through own risk and solvency assessment (ORSA) Pillar III Disclosure New EEA wide reporting and disclosure requirements (Qualitative Reporting Template - QRT) Private reporting to supervisor (Regular Supervisory Report - RSR) Public reporting (Solvency Financial Condition Report SFCR) 6

Pillar I in detail 7

Proposed framework for Pillar I Ancillary own funds Surplus Basic own funds MCR Solvency Capital Requirement Standard formula or internal model Risk margin Assets covering technical provisions Assets at Market Value (net of other liabilities) Technical Provisions Best estimate liabilities 8

Tax in Pillar I Proposed framework for Pillar I Assets available for SCR/ MCR : net DTA = Tier 3. Tax assets & liabilities valued on IAS 12 basis. DT restated for SII balance sheet values. Basic own funds MCR SCR : loss absorbency of deferred tax Risk margin : SCR based calculation, loss absorbency of deferred tax excluded. Assets covering technical provisions Assets at Market Value (net of other liabilities) Technical Provisions Best estimate liabilities (for life insurers should include tax payments charged to policyholders) 9

Where are the rules? Level 1 directive (2009/138/EC) - gives overall framework / high level principles for Solvency II Level 2 implementing measures - gives detail of the law. Draft Delegated Acts (early 2014) Level 3 guidance consultation by EIOPA Jun 2014 Technical Specification (for preparatory stage) Level 4 enforcement measures PRA Supervisory Statement SS 2/14 10

The basics What do the rules require? Require completion of a base balance sheet on a Solvency II basis Assets & liabilities valued using Solvency II principles. Net position is own funds Base balance sheet is then stressed to calculate the Solvency capital requirement SCR Calculation of the minimum capital requirement MCR Base & stressed balance sheets require Solvency II measure of tax assets & liabilities Key differences from IFRS tax numbers: DT on difference between Tax BS & Solvency II BS IAS 12 vs Solvency II tax rules 11

DT on difference between Tax BS & Solvency II BS Tax balance sheet Solvency II balance sheet Assets 500 Technical provisions (300) Net assets 200 Assets 500 Technical provisions (350) Net assets 150 DTA on additional technical provisions Impact on calculation methodology? Start with IFRS DT & adjust or build up from scratch? Cannot just take tax effect of difference in net assets! 12

Solvency II tax rules - technical standards Rules are broadly similar to IAS 12 The tax base of an asset or liability is as defined in IAS 12 Temporary differences assessed consistently on a single asset/liability basis Take into account the tax regulations specific thereto in the relevant regime In accordance with IAS 12, DT shall not be discounted DT liabilities on subsidiaries etc only if probable will reverse and investor cannot control timing IAS 12 approach to assessing recoverability of DTA s applied Judgements on time horizon of expected DT reversal to be documented, well substantiated & available on request Restrictions on utilisation of tax attributes taken into account (timing & netting) 13

SCR & stress Loss under stress LATP LADT SCR Stresses applied to Solvency II balance sheet to determine SCR modular approach Assets required to cover the worst loss expected to occur in a single year over 200 year period = SCR Assume no management action if instantaneous Mitigating SCR requirement If market losses can be passed onto WP policyholders SCR can be reduced Loss absorbency of technical provisions If tax losses arising from the stress can be relieved (against DTL s or otherwise) SCR can be reduced Loss absorbency of deferred tax But... Where stress gives rise to a net DTA, LADT restricted to the amount of the DTA that could be recognised under Solvency II DT rules! 14

Solvency II rules other areas of interest for tax Technical Provisions Best estimate liabilities include policyholder tax Definition of policyholder tax for these purposes? taxation payments which are charged to policyholders, or which would be required to be made to settle the insurance obligations. Financial liabilities All financial liabilities to be fair valued (eg, current tax) Expected to be the same as current tax per the IFRS balance sheet 15

Other issues Value of tax attributes Net DTA only counts as tier III capital in Own Funds DTA qualifying as tier III capital is capped 1:1 benefit of DTA in SCR calculation Operational Speed of reporting Ensuring consistency of assumptions Group Interaction with other regulatory regimes Granularity of calculations (product, entity, business unit, country) 16

Survey 17

1. Who is primarily responsible for tax in SII in your Group Finance 0% Other 23% Actuarial 31% Tax 46% Slide 18

2. How comfortable are you with your current methodology for calculating tax in SII? Very comfortable 0% Quite comfortable 69% Very uncomfortable 8% Not very comfortable 23% Slide 19

3. Were there any issues in the recent PRA consultation paper which surprised you or are different to your previous understanding? Yes 67% I haven't read it 8% No 25% Slide 20

3. Were there any issues in the recent PRA consultation paper which surprised you or are different to your previous understanding? Statutory accounts unrecognised DTAs why relevant? Risk Margin Stressing noncovered projections: disproportionate & impractical Suggestion that accounting standard treatment is not necessarily the correct answer PRA judgement required Slide 21

4. How do you approach tax in the base balance sheet? 69% 23% Some groups currently considering whether to change this position 8% Bridge from accounts provision (adjust tax balances) Standalone SII tax model Other Slide 22

5. Do you include profits arising on risk margin released in your IAS12 forecasts for DTA recognition purposes? We may need to refine this following the PRA view expressed in the CP Yes 58% They are immaterial to the tax No 42% Slide 23

6. What basis are the projections you use for recognising DTAs in SII? Other 23% Some groups noted that while the starting point for SII tax might be one of these measures, further adjustments are made in the projections. Embedded value SII market consistent models ORSA 0% 8% 15% Business plan 54% Slide 24

7. Do you include items relating to contract boundaries in your IAS 12 profit forecasts? Not currently, but expect to change No 50% Yes 50% They are immaterial to the tax Don t know Slide 25

8. Do you use market consistent or real world assumptions for your SII DTA recovery projections? Other 8% Real world 62% Market Consistent 30% Slide 26

9. Do you include tax when modelling the 1 in 200 stress or do you only fully consider tax in the combined stress? Combined stress 54% Other 8% Modelling 1 in 200 38% Slide 27

Summary 28

Solvency II tax methodology Capital optimisation Design of tax modelling for base balance sheet and stress balance sheet Development of IAS 12 post shock projections Need to create methodology which is resilient to significant change Judgmental aspects Producing projections which are credible based on the insurance company s fact pattern Time horizon of profit projections Can the risk margin effectively be included net? Any risk margin released on liabilities which run off would usually be replaced with risk margin to be provided in respect of new liabilities. Where this is the case, it is not appropriate to include the amount of the current risk margin as an element of future taxable profits in a firm s projections. Source: PRA Supervisory Statement SS2/14 Tax aspects of Solvency II The PRA is publishing this statement now to enable firms to consider the PRA s expectations as part of their planning for SII implementation Source: PRA Supervisory Statement SS2/14 The PRA is now focusing on tax. This potentially material aspect must be actively considered. Alignment of tax risk appetite with other items in Solvency II Tax impacts of changes to the group or capital structure resulting from Solvency II Understanding range of financial outcomes deriving from different tax recognition decisions Solvency II tax approaches may be material in M&A deals Operational considerations Split of accountability between tax and actuarial Need to run calculations regularly Potential need to run calculations outside of the reporting cycle (e.g. part of business planning or M&A) This [PRA s statement] may be particularly important for firms that are developing or amending IT systems affected by deferred tax considerations, whether those developments concern internal models, accounting or other management applications. Source: PRA Supervisory Statement SS2/14

Questions 30

This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PricewaterhouseCoopers LLP, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it. 2014 PricewaterhouseCoopers LLP. All rights reserved. In this document, refers to PricewaterhouseCoopers LLP (a limited liability partnership in the United Kingdom) which is a member firm of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity.