PRIVATE COMPANIES EXEMPT FROM SOME FIN 48
The Financial Accounting Standards
Board’s (FASB) Statement of Financial Accounting
Standards (SFAS) No. 109 sets forth the financial
accounting and reporting standards for the effects of
income taxes resulting from an entity’s activities
during the current and previous tax years. FASB
Interpretation (FIN) 48 (“Accounting for Uncertainty in
Income Taxes”) directs how SFAS No. 109 applies by
setting a threshold condition that a tax position taken
by an entity must satisfy before any part of the benefit
of that position may be recognized in the entity’s
Under FIN 48, tax benefits
resulting from uncertain tax positions that reduce an
entity’s current or future income-tax liability may be
reported in financial statements only to the extent each
such benefit (such as a deduction or credit) is
recognized, measured, and disclosed according to a
process outlined in FIN 48. FIN 48 generally applies to
all entities, public and private.
Exemptions for Nonpublic Entities
The provisions of a new Accounting
Standards Update (ASU 2009-06) exempt private companies
from certain aspects of a previously released FASB
requirement, which mandates the provision of a tabular
reconciliation of the total amounts of unrecognized tax
benefits at the beginning and end of a period.
Additionally, private entities are also exempted from a
requirement that mandates the disclosure of the total
amount of unrecognized tax benefits that, if recognized,
would affect the effective tax rates.
Private companies should be
mindful, however, that they are still subject to certain
other required disclosures, such as the provision of the
total amount of tax-related interest and penalties
recognized on their balance sheets.
FIN 48 generally applies to all
entities and was effective for fiscal years beginning
after December 15, 2006. In February 2008, however, the
FASB deferred the effective date for most
enterprises to annual financial statements for fiscal
years beginning after December 15, 2007. Then, in
December 2008, the FASB granted another one-year
deferral for all nonpublic entities until fiscal years
beginning after December 15, 2008 (calendar years ending
December 31, 2009, or later). Public entities are still
subject to the earlier implementation date.
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FASB’s new update might impact how FIN 48 affects your
company’s financial statement preparation.