Critical Analysis of CPC 32 Regarding the (Un)necessity of Accounting Recognition of Deferred Tax Liabilities and Assets in Lease Agreements

Abstract

Considering the changes brought about by the process of convergence of Brazilian accounting standards to international standards, initiated in 2007 with the publication of Law No. 11,638/07 (subsequently amended by Law No. 11,941/09), several impacts were felt in the recognition, measurement, and disclosure of legal acts, business transactions, and legal facts in general by accounting practices. In this context, based on a brief analysis of the lease institute, which is regulated under accounting standards by CPC 06, this article aims to evaluate the provisions of CPC 32 (Income Taxes) regarding the need to recognize deferred tax assets or liabilities arising from temporary differences related to lease contracts. This is because, from the lessee's perspective (the focus of this article), the tax legislation governing the matter—particularly item VIII of article 13 of Law No. 9,249/95 and article 48 of Law No. 12,973/14—establishes that such amounts are non-deductible. Consequently, these differences (between accounting standards and tax legislation) would never be equalized and, therefore, would not become deductible in the future, which potentially eliminates the need to recognize deferred tax assets or liabilities under CPC 32.