a) Income and Social Contribution Taxes
The total charge for the year can be reconciled to accounting profit as follows:
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|
|
|
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|
|
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|
|
|
|
Thousand of reais |
|
|
|
|
|
|
|
|
|
|
| 2017 |
| 2016 |
| 2015 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Profit Before Tax |
|
|
|
|
|
|
|
|
| 14,513,684 |
| 16,383,902 |
| (3,215,718) | ||
Interest on capital (1) |
|
|
|
|
|
|
|
|
|
|
| (3,800,000) |
| (3,850,000) |
| (1,400,000) |
Operating Profit Before Tax |
|
|
|
|
|
|
|
|
| 10,713,684 |
| 12,533,902 |
| (4,615,718) | ||
Rates (25% income tax and 20% social contribution tax in 2015) |
| (4,821,158) |
| (5,640,256) |
| 2,077,073 | ||||||||||
PIS and COFINS (net of income and social contribution taxes) (2) (8) |
|
|
|
|
| (1,427,960) |
| (1,641,181) |
| 1,861,767 | ||||||
Non-taxable/Non-deductible: |
|
|
|
|
|
|
|
|
|
|
|
|
|
| ||
Equity in affiliates |
|
|
|
|
|
|
|
|
|
|
| 32,198 |
| 21,392 |
| 52,340 |
Goodwill(3) |
|
|
|
|
|
|
|
|
|
|
| (669,963) |
| (734,952) |
| (1,252,578) |
Exchange variation - foreign branches (4) |
|
|
|
|
|
|
| 440,857 |
| (3,561,133) |
| 5,913,741 | ||||
Net Indeductible Expenses of Non-Taxable Income (8) |
|
|
|
|
|
|
| 194,737 |
| - |
| - | ||||
Adjustments: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Constitution of income and social contribution taxes on temporary differences (5) |
|
|
|
|
| 1,138,005 |
| 605,058 |
| 1,266,588 | ||||||
Effects of change in rate of social contribution taxes (6)(7) |
|
|
|
|
|
|
| (1,427,667) |
| (613,202) |
| 52,145 | ||||
Other adjustments (7) |
|
|
|
|
|
|
|
|
| 1,165,315 |
| 2,645,290 |
| 3,078,468 | ||
Income taxes |
|
|
|
|
|
|
|
|
|
|
| (5,375,636) |
| (8,918,984) |
| 13,049,544 |
Of which: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Current tax (8) |
|
|
|
|
|
|
|
|
|
|
| (4,969,241) |
| (3,575,099) |
| 3,631,631 |
Deferred taxes |
|
|
|
|
|
|
|
|
|
|
| (406,395) |
| (5,343,885) |
| 9,417,913 |
Taxes paid in the year |
|
|
|
|
|
|
|
|
| (3,280,230) |
| (4,240,115) |
| (1,170,020) |
(1) Amount distributed to shareholders as interest attributable to shareholders' equity. For accounting purposes, although the interest should be reflected in the income statement for tax deduction, the charge is reversed before the calculation of the net income in the financial statements and deducted from the shareholders' equity since it is considered as dividend.
(2) PIS and COFINS are considered a profit-base component (net basis of certain revenues and expenses), therefore and accordingly to IAS 12 they are recorded as income taxes.
(3) The difference between the tax basis and accounting basis of goodwill on acquisition of Banco ABN Amro Real S.A. is a permanent and definitive difference. Administration in this case the possibility of loss on impairment or disposal is remote and only applies to the entity as a whole and according to the characteristics of the business combination performed, it is not possible to segregate and identify the business originally acquired. Therefore deferred tax liability is not record.
(4) Permanent difference related of foreign currency exchange variation on investments abroad nontaxable/ deductible (see details below).
(5) In 2015, includes the increase in CSLL tax rate
(6) Effect of the rate differential for other non-financial corporations, with a social contribution rate of 9%, as well as the effect of the additional 5% applicable to financial institutions, valid until the end of 2018.
(7) In 2016, includes the IAS 21 amounted to R$575.131 (see Hedge of Investments Abroad below) and non-taxable income/non-deductible expenses R$349.120.
(8) Includes mainly the tax effect on expenses with donations, revenues from judicial deposit updates and other income and expenses that do not qualify as temporary differences.
Cofins (8)
In June 2015, Banco Santander recorded the reversal of legal liabilities (recorded in the heading of tax liabilities - current) amounted to R$7,950 million related to Cofins. On the Consolidated Income Statements the registration occurred in the heading "Interest expense and similar charges" amounted to R$2,057 million and "Income Taxes", amounted to R$5,893 million (Note 23-c.1). Such gain taxed at the current rates of IR and CSLL, resulted in a R$3,180 of tax expense also recorded in the heading "Income taxes."
With this decision handed down on the lawsuits , the Bank also recognizes the right to offset COFINS paid in the period 1999-2006, in the heading Income taxes of R$381,597 and Interest and similar income update as to tax offset the amount of R$383,560. The amount of taxes on these revenues amounted to R$306,102.
Tax Hedge of Grand Cayman and of Santander Brasil EFC
Banco Santander operates an agency in the Cayman Islands and a subsidiary called Santander Brasil Establecimiento Financiero de Credito, EFC, or "Santander Brasil EFC" (an independent subsidiary in Spain), which are used primarily to raise funds in the capital and financial markets to provide the Bank with credit lines that are extended to its clients for foreign trade and working capital financing.
To hedge exposure to exchange rate variations, the Bank uses derivatives and funding. In accordance with Brazilian tax rules, gains or losses arising from the impact of the appreciation or depreciation of the Real on foreign investments are not taxable for PIS / Cofins / IR / CSLL purposes, while the gains or losses of the derivatives used as hedges are taxable. The purpose of these derivatives is to protect net income after taxes.
Tax treatment distinct from such exchange rate differences results in volatility in "Operating Income Before Tax" and "Income taxes". The foreign exchange variations recorded as a result of foreign investments in the exercise ended December 31, 2017 resulted in gain of R$893 million (2016 - loss R$7,408 million and 2015 - gain R$14,779). On the other hand, derivative contracts contracted to cover these positions generated a loss recorded on "Gains (losses) on financial assets and liabilities" of R$1,703 million (2016 - gain R$14,123 million and 2015 - loss R$26,311 million). The tax effect of these derivatives impacted the line of "income tax", generating a gain of R$810 million (2016 - loss R$6,140 million and 2015 - gain R$11,532), composed of R$80 million (2016 - R$657 million and 2015 - R$1,223 million) of PIS / Cofins and R$730 million (2016 - R$6,058 million and 2015 R$10,308 million) of IR / CSLL.
b) Effective tax rate calculation
The effective tax rate is as follows:
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|
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|
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|
|
|
|
Thousand of reais |
|
|
|
|
|
|
|
|
|
|
| 2017 |
| 2016 |
| 2015 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Profit Before Tax |
|
|
|
|
|
|
|
|
| 14,513,684 |
| 16,383,902 |
| (3,215,718) | ||
Income tax |
|
|
|
|
|
|
|
|
|
|
| 5,375,636 |
| 8,918,984 |
| (13,049,544) |
Effective tax rate (1) |
|
|
|
|
|
|
|
|
|
|
| 37.04% |
| 54.44% |
| 405.80% |
(1) In 2017, 2016 and 2015, considering the tax effect of the exchange variation over foreign branches and the economic hedge, accounted in the Gains (losses) on financial assets and liabilities (net) the effective tax rate would have been 40.4%, 27.1% and -18.3%, respectively. In 2015 there were the gain on the Cofins lawsuit (see disclosure above), which excluding the effects the effective tax rate would be 19.1%.
c) Tax recognized in equity
In addition to the income tax recognized in the consolidated income statement, the Bank recognized the following amounts in consolidated equity:
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|
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|
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|
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|
|
|
|
Thousand of reais |
|
|
|
|
|
|
|
|
|
|
| 2017 |
| 2016 |
| 2015 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tax credited to equity |
|
|
|
|
|
|
|
|
| 3,373,984 |
| 2,955,552 |
| 4,943,957 | ||
Measurement of available-for-sale securities |
|
|
|
|
|
|
| 1,016,121 |
| 963,990 |
| 2,743,797 | ||||
Measurement of cash flow hedges |
|
|
|
|
|
|
|
|
| 1,063 |
| 4,145 |
| 267,511 | ||
Measurement of investment hedges |
|
|
|
|
|
|
|
|
| 562,353 |
| 562,353 |
| 1,137,484 | ||
Defined benefit plan |
|
|
|
|
|
|
|
|
|
|
| 1,794,447 |
| 1,425,064 |
| 795,165 |
Tax charged to equity |
|
|
|
|
|
|
|
|
| (2,541,177) |
| (1,795,115) |
| (1,255,867) | ||
Measurement of available-for-sale securities |
|
|
|
|
|
|
| (2,426,459) |
| (1,701,732) |
| (1,251,773) | ||||
Measurement of cash flow hedges |
|
|
|
|
|
|
|
|
| (111,134) |
| (87,929) |
| (2,250) | ||
Defined benefit plan |
|
|
|
|
|
|
|
|
|
|
| (3,584) |
| (5,454) |
| (1,844) |
Total |
|
|
|
|
|
|
|
|
|
|
| 832,807 |
| 1,160,437 |
| 3,688,090 |
d) Deferred taxes
The detail of the balances of “Tax assets - Deferred” and “Tax liabilities - Deferred” is as follows:
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
Thousand of reais |
|
|
|
|
|
|
|
|
|
|
| 2017 |
| 2016 |
| 2015 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tax assets: |
|
|
|
|
|
|
|
|
|
|
| 24,778,078 |
| 24,437,112 |
| 30,575,504 |
Of which: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Temporary differences (1) |
|
|
|
|
|
|
|
|
| 23,375,600 |
| 23,398,886 |
| 29,538,257 | ||
Tax loss carry forwards |
|
|
|
|
|
|
|
|
| 866,579 |
| 382,867 |
| 381,888 | ||
Social contribution taxes 18% |
|
|
|
|
|
|
|
|
| 535,899 |
| 655,359 |
| 655,359 | ||
Total deferred tax assets | 24,778,078 | 24,437,112 | 30,575,504 | |||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tax liabilities: |
|
|
|
|
|
|
|
|
|
|
| 2,496,531 |
| 1,268,037 |
| 817,125 |
Of which: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Excess depreciation of leased assets |
|
|
|
|
|
|
|
|
| 124,909 |
| 144,623 |
| 185,531 | ||
Adjustment to fair value of trading securities and derivatives |
|
|
|
|
|
|
| 2,371,622 |
| 1,123,414 |
| 631,594 | ||||
Total deferred tax liabilities |
|
|
|
|
|
|
|
|
| 2,496,531 |
| 1,268,037 |
| 817,125 |
(1) Temporary differences relate mainly to impairment losses on loans and receivables and provisions for lawsuits and administrative proceedings, and the effect of the fair value of financial instruments.
Based on a technical study for the realization of deferred tax assets and liabilities drawn up by Banco Santander´s Management, these tax credits should be accounted to the extent that it becomes probable that future taxable profit will allow their recovery. In the case of Tax Loss it was considered the limit of 30% to be used of the taxable profit of each period. The controlled companies has not presented any deferred tax liabilities not accounted on 2017, 2016 and 2015.
The changes in the balances of “Tax Assets - Deferred” and “Tax Liabilities - Deferred” in the last three years were as follows:
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Thousand of reais |
|
|
|
|
| Balances at December 31, 2016 |
| Adjustment to |
| Valuation adjustments (1) |
| Other (2) |
| Acquisition / Merger |
| Balances at December 31, 2017 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tax assets: |
|
|
|
|
| 24,437,112 |
| 668,483 |
| 254,733 |
| (620,401) |
| 38,151 |
| 24,778,078 |
Temporary differences |
|
|
| 23,398,886 |
| 304,231 |
| 254,733 |
| (620,401) |
| 38,151 |
| 23,375,600 | ||
Tax loss carry forwards |
|
|
| 382,867 |
| 483,712 |
| - |
| - |
| - |
| 866,579 | ||
Social contribution taxes 18% |
|
|
| 655,359 |
| (119,460) |
| - |
| - |
| - |
| 535,899 | ||
Tax liabilities: |
|
|
|
|
| 1,268,037 |
| 262,088 |
| 582,363 |
| 378,693 |
| 5,350 |
| 2,496,531 |
Temporary differences |
|
|
| 1,268,037 |
| 262,088 |
| 582,363 |
| 378,693 |
| 5,350 |
| 2,496,531 | ||
Total |
|
|
|
|
| 23,169,075 |
| 406,395 |
| (327,630) |
| (999,094) |
| 32,801 |
| 22,281,547 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Thousand of reais |
|
|
|
|
| Balances at December 31, 2015 |
| Adjustment to |
| Valuation adjustments (1) |
| Other (2) |
| Acquisition / Merger |
| Balances at December 31, 2016 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tax assets: |
|
|
|
|
| 30,575,504 |
| (5,318,219) |
| (1,580,025) |
| 652,599 |
| 107,253 |
| 24,437,112 |
Temporary differences |
|
|
| 29,538,257 |
| (5,319,198) |
| (1,580,025) |
| 652,599 |
| 107,253 |
| 23,398,886 | ||
Tax loss carry forwards |
|
|
| 381,888 |
| 979 |
| - |
| - |
| - |
| 382,867 | ||
Social contribution taxes 18% |
|
|
| 655,359 |
| - |
| - |
| - |
| - |
| 655,359 | ||
Tax liabilities: |
|
|
|
|
| 817,125 |
| 25,666 |
| 947,628 |
| (523,182) |
| 800 |
| 1,268,037 |
Temporary differences |
|
|
| 817,125 |
| 25,666 |
| 947,628 |
| (523,182) |
| 800 |
| 1,268,037 | ||
Total |
|
|
|
|
| 29,758,379 |
| (5,343,885) |
| (2,527,653) |
| 1,175,781 |
| 106,453 |
| 23,169,075 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Thousand of reais |
|
|
|
|
| Balances at December 31, 2014 |
| Adjustment to |
| Valuation adjustments (1) |
| Other (2) |
| Acquisition / Merger |
| Balances at December 31, 2015 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tax assets: |
|
|
|
|
| 20,038,000 |
| 8,866,221 |
| 1,575,891 |
| 93,991 |
| 1,401 |
| 30,575,504 |
Temporary differences |
|
|
| 18,333,315 |
| 9,535,994 |
| 1,575,891 |
| 93,991 |
| (934) |
| 29,538,257 | ||
Tax loss carry forwards |
|
|
| 1,049,326 |
| (669,773) |
| - |
| - |
| 2,335 |
| 381,888 | ||
Social contribution taxes 18% |
|
|
| 655,359 |
| - |
| - |
| - |
| - |
| 655,359 | ||
Tax liabilities: |
|
|
|
|
| 312,420 |
| (551,692) |
| 962,406 |
| 93,991 |
| - |
| 817,125 |
Temporary differences |
|
|
| 312,420 |
| (551,692) |
| 962,406 |
| 93,991 |
| - |
| 817,125 | ||
Total |
|
|
|
|
| 19,725,580 |
| 9,417,913 |
| 613,485 |
| - |
| 1,401 |
| 29,758,379 |
(1) It relates to tax recognized in equity.
(2) In 2017, it mainly refers to net of deferred taxes amounted to R$(241,708) (2016 - R$129,147 and 2015 - R$93,991), which have the same counterparty and realization period.
e) Expected realization of deferred tax assets
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year |
|
|
|
|
|
|
|
|
|
|
| Temporary differences |
| Tax loss carry forwards |
| Social contribution taxes 18% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2018 |
|
|
|
|
|
|
|
|
|
|
| 2,061,152 |
| 650,509 |
| 535,899 |
2019 |
|
|
|
|
|
|
|
|
|
|
| 3,995,868 |
| 88,249 |
| - |
2020 |
|
|
|
|
|
|
|
|
|
|
| 4,807,491 |
| 59,473 |
| - |
2021 |
|
|
|
|
|
|
|
|
|
|
| 4,522,575 |
| 36,269 |
| - |
2022 to 2024 |
|
|
|
|
|
|
|
|
|
|
| 4,939,011 |
| 7,471 |
| - |
2025 to 2026 |
|
|
|
|
|
|
|
|
|
|
| 2,486,246 |
| 19,112 |
| - |
2026 to 2027 |
|
|
|
|
|
|
|
|
|
|
| 563,257 |
| 5,496 |
| - |
Total |
|
|
|
|
|
|
|
|
|
|
| 23,375,600 |
| 866,579 |
| 535,899 |
Projections of future taxable income include estimates referring to macroeconomic variables, exchange rate and interest rate fluctuations, the history of recent tax losses, among others, which may vary from the actual amounts.
f) Current Taxes
The current tax assets refers to the balance of Income, Social Contribution Taxes, PIS/COFINS Offset.