Question ID:
2014_1180
Legal Act:
Regulation (EU) No 575/2013 (CRR)
Topic:
Supervisory reporting - COREP (incl. IP Losses)
Article:
99
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Draft ITS on Supervisory Reporting of Institutions
Article/Paragraph:
99
Disclose name of institution / entity:
Yes
Name of institution / submitter:
Wolters Kluwer Financial Services
Country of incorporation / residence:
Belgium
Type of submitter:
Consultancy firm
Subject Matter:
Calculation of 17.65% CET1 threshold
Question:

In CRR article 48(2) it 19s defined calculation of threshold as follows:

"2. For the purposes of paragraph 1, the threshold amount shall be equal to the amount referred to in point (a) of this paragraph multiplied by the percentage referred to in point (b) of this paragraph: 

(a) the residual amount of Common Equity Tier 1 items after applying the adjustments and deductions in Articles 32 to 36 in full and without applying the threshold exemptions specified in this Article;

(b) 17,65 %."

However in the instruction of the ITS on supervisory reporting on row 210 of CA4 is supported by Article 48(1) of CRR and explains the following:

"This item contains the 17.65% threshold for holdings in financial sector entities where an institution has a significant investment, and for deferred tax assets that are dependent on future profitability and arise from temporary differences, to be applied after the 10% threshold.

The threshold is calculated so that the amount of the two items that is recognised must not exceed 15% of the Common Equity Tier 1 capital, calculated after all deductions, not including any adjustment due to transitional provisions."

As the respective article 48 points (1) or (2) do not refer to 15% threshold, this reference in annex 2, in row 210 of CA4, in last paragraph to, 1815% of the Common Equity Tier 1 19 should be read as '17,65% of the Common Equity Tier 1'?

Or does the threshold 17,65% of row 210 of CA4 actually includes calculation of 15% threshold? In this case, how? 

Background on the question:

Article 48(2) CRR and Annex II of the ITS on supervisory Reporting

Date of submission:
12/05/2014
Published as Final Q&A:
09/09/2016
Final Answer:
The purpose of calculating the threshold is to limit the significant investments in financial sector entities and deferred tax assets that are dependent on future profitability and arise from temporary differences to 15% of the final CET1, as calculated after applying all deductions referred to in CRR, i.e. after applying all the thresholds required. The only way to end up to this proportion is to use a threshold of 17.65%, based on a CET1 calculated after applying all deductions including the gross amount of significant investments in financial sector entities and deferred tax assets that are dependent on future profitability and arise from temporary differences (before applying the threshold).
 
Therefore, there is no need to change the reference in Annex 2 of Regulation (EU) No 680/2014 (ITS on Supervisory Reporting).
Status:
Final Q&A
Answer prepared by:
Answer prepared by the EBA.
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