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Article 207 Adjustment for the loss-absorbing capacity of deferred taxes
1. The adjustment for the loss-absorbing capacity of deferred taxes shall be equal to the change in the value of deferred taxes of insurance and reinsurance undertakings that would result from an instantaneous loss of an amount that is equal to the sum of the following:
(a) the Basic Solvency Capital Requirement referred to in Article 103(a) of Directive 2009/138/EC;
(b) the adjustment for the loss-absorbing capacity of technical provisions referred to in Article 206 of this Regulation;
(c) the capital requirement for operational risk referred to in Article 103(b) of Directive 2009/138/EC.
2. For the purposes of paragraph 1, deferred taxes shall be valued in accordance with Article 15(1) and (2), without prejudice to paragraphs 2a, 2b and 2c of this Article.
2a. Where the loss referred to in paragraph 1 would result in an increase in the amount of deferred tax assets, insurance and reinsurance undertakings shall not utilise that increase for the purposes of the adjustment referred to in that paragraph unless they are able to demonstrate to the satisfaction of the supervisory authority that it is probable that future taxable profit will be available against which that increase can be utilised, taking into account all of the following: