HomeCirculars › RBI/2013-14/412

DTL on Special Reserve under Section 36(1)(viii) of IT Act

Live · in forceNo withdrawal recorded as of 19 Jun 2026. Reviewed by Vikram Jain; always verify against the official RBI source below.
Issued by RBI: 20 Dec 2013  ·  Decoded by BankPulse: 19 Jun 2026, 16:05 IST
⏱ ~2 min read
📄 Official RBI source ↗
Quick answerRBI mandates banks to create deferred tax liability (DTL) on Special Reserve under Section 36(1)(viii) of the Income Tax Act, regardless of intent to not withdraw. This ensures prudent accounting and allows full Special Reserve to count for Tier-I capital.

What changed

Earlier, banks could avoid creating DTL on Special Reserve if they had Board resolutions stating no intent to withdraw. Now, RBI mandates DTL creation as a matter of prudence, overriding such resolutions. For past reserves up to March 2013, any shortfall in DTL can be adjusted directly from reserves with disclosure; from March 2014 onwards, DTL must be charged to the Profit and Loss account.

What it means for you

Banks must now recognize a deferred tax liability on Special Reserve, reducing reported profits or reserves. However, the full Special Reserve (gross of DTL) can be included in Tier-I capital computation, which may offset some capital impact. This aligns accounting with prudential norms and ensures consistency across banks.

What you must do

Who it affects

All commercial banks (excluding RRBs), Bank finance and accounting teams, Bank treasury and capital management teams

Can we still avoid DTL if our Board has passed a resolution not to withdraw from Special Reserve?

No. RBI has clarified that DTL must be created as a matter of prudence, regardless of any Board resolution or intent to not withdraw.

How should we treat the DTL shortfall for Special Reserve created before March 31, 2013?

If the DTL expense was not fully charged to Profit and Loss, you can adjust the shortfall directly from reserves. This adjustment must be disclosed in the Notes to Accounts for FY 2013-14.

Does creating DTL affect our Tier-I capital calculation?

Yes, but positively. The circular allows banks to reckon the entire Special Reserve (gross of DTL) for Tier-I capital, so the full reserve amount counts, not just the net-of-tax portion.

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AI-drafted · 3-model AI consensus fact-check · under the editorial review of Vikram Jain · decoded & published by BankPulse · 19 Jun 2026, 16:05 IST
Official RBI source: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=8638&Mode=0 — Plain-English summary by BankPulse (bankpulse.ai), reviewed by Vikram Jain. Independent platform, not affiliated with the Reserve Bank of India; never reproduces RBI text verbatim.