Question ID
2023_6802
Legal act
Regulation (EU) No 575/2013 (CRR)
Topic
Market risk
Article
352
Paragraph
2
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
EBA/GL/2020/09 - Guidelines on the treatment of structural FX under Article 352(2) of CRR
Article/Paragraph
118 background section
Name of institution / submitter
ING
Country of incorporation / residence
Netherlands
Type of submitter
Credit institution
Subject matter
Structural FX: considering tax effect when calculating maximum open position that can be waived from FX charge
Question

May tax effect be considered when computing the maximum open position that can be waived in the context of the structural FX provision referred to in Article 352(2) of Regulation( EU) No 575/2013?

Background on the question

Article 352(2) of Regulation( EU) No 575/2013 (CRR) states that FX positions deliberately taken to hedge against adverse effects of FX on its ratios (CET1 ratio) may be excluded from the calculation of net open currency positions (no MRWA), subject to permission of competent authorities.

FX results arising from capital in subsidiaries are tax exempted but from capital in branches (plus related FX hedges) are taxed, resulting in less effective protection of the CET1 ratio. Consequently, hedges for branches need to be increased to be sufficiently effective.

Ignoring this tax effect would make it difficult to effectively hedge a bank’s CET1 ratio and the bank’s MRWA at the same time. Thus, excluding the tax effect does not fully facilitate the hedge against adverse effect of FX on ratios. Including tax elements makes economic sense and is in line with the regulatory definition of CET1 capital and intentions described in the EBA Guidelines on the treatment of structural FX under Article 352(2) of Regulation( EU) No 575/2013 

Submission date
Rejected publishing date
Rationale for rejection

This question has been rejected because it is considered that EBA guidance or clarification is not needed with regard to the issue that it raises. For example, this can be the case where it is considered that the existing regulatory framework is sufficiently clear and unambiguous.

The Single Rule Book Q&A tool has been established to provide explanations and non-binding interpretations on questions relating to the practical application or implementation of the provisions of legislative acts referred to in Article 1(2) of the EBA’s founding Regulation, as well as associated delegated and implementing acts, and guidelines and recommendations, adopted under these legislative acts.

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Status
Rejected question