Deferred Tax Valuation Allowance - My Thoughts
@generalenthu - in response to your question:
Background
When will Tesla Recognize the Tax Benefit to Income?
- When a company incurs a pre-tax loss for the year, they can typically record a tax benefit (income) as these pre-tax losses will offset pre-tax income in the future (or carryback to prior profitable years).
- In order to recognize this tax benefit, the company must conclude that it is "more likely than not" that they will have pre-tax income in the future.
- Like most start-ups, Tesla was not able to conclude that they would be profitable in the future (not enough evidence to convince their auditors PwC).
- The tax benefit from 2004-2019 has accumulated to $1,846m (see Net Operating Losses in the table below from 2019 10K)
- Since Tesla cannot conclude that it is more likely than not that they will have taxable income in the future, this benefit has been fully reserved (see the $1,956m in the table below).
Note: This is a complex topic and I don't claim to be an expert on the topic of Deferred Tax Valuation Allowances but I do understand the accounting concept. By publishing my thoughts here, perhaps we can crowd-source our way to the right consensus. I appreciate any challenges or supporting comments.
- Once Tesla can conclude that it is more likely than not that future taxable income will be likely, they will recognize all or part of the $1,846m to income.
- I believe that most (if not all) of the Net Operating Losses relate to the US results. That is, Tesla has been profitable outside of the US and the losses are on the US tax returns. So it is not only important that they are profitable, but profitable in the US.
- Also GAAP Income is different than Tax Income. You can have US GAAP Income and a US Tax Loss in the same year driven by higher expenses on the US Tax Return (due to accelerated depreciation and higher stock compensation costs - stock options are expensed at FMV over strike price at exercise date for the Tax Return and for GAAP it is determined at grant date using the Black-Scholes model).
- So once, Tesla can conclude it is "more likely than not that they will have US taxable income", we will see a portion or all of the $1,846 come to the P&L.
- My guess is that we will see the benefit arrive in the P&L in Q4 2020 but if we don't, I am pretty confident we will see it in Q1 2021.
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I entirely agree with your estimate on timing and your assertions around needing to be US Tax profitable (as opposed to globally profitable). Pre-US Tax Reform they may have already released the VA, given the notion of global consolidation of taxable income for US resident entities. After all, Q3 was already sufficiently EBIT profitable to soak up a chunk of these losses.
However, with the move to a semi-territorial tax system (absent BEAT and GILTI) the acceleration of revenue (and profit) being recognized in other jurisdictions would impact timing of the release.
Profitability solely in the US has become a far more significant factor. That said, with majority of production still coming from Fremont and Texas coming online in the near future, the facts are definitely stacking towards release of the VA being imminent.
It would have been a nice surprise to see it in Q3, but releasing a VA is more likely to occur as part of year end book close procedures. So, I would agree that Q4 2020 is most likely.