Posts Tagged ‘SSAP No. 43’

On July 30, 2012, the IRS issued a directive that instructs Large Business & International Examiners to not challenge an insurance company’s partial worthlessness deduction of eligible securities related to credit impairment write-downs in accordance with SSAP 43R.

As a result, an opportunity may exist to accelerate for tax purposes the loss from the eligible impaired securities as well as to convert what could have been capital losses into ordinary tax deductions. For some companies this may provide cash inflow through tax savings as well as possibly improve the company’s statutory surplus and risk-based capital positions through the tax recognition of impairments currently reported as deferred tax assets.

Unlike traditional tax accounting method changes, the IRS has offered an administrative solution that provides flexibility to the company with respect to what year the Company recognizes the loss and the manner in which the company reports to the IRS the adoption of this tax position.

The directive provides specific procedures the company must follow in computing the loss and certifications the company must sign and present to the IRS upon request.

Due to the IRS flexibility in application and the uniqueness of each company’s tax position, it may be advantageous to run a scenario analysis of the different IRS alternatives to find the position that best suits the company’s tax posture.

If you have any questions or would like assistance in analyzing and applying the IRS Directive Related to Partial Worthlessness Deduction for Eligible Securities Reported by Insurance Companies (View Directive (IRS website)) feel free to contact Joe Borgmann or AAM’s Tax Advisor, Jason Simkin of SIMKIN CPA, LLC, The Insurance Tax Advisory Firm.

Written by:

Joseph A. Borgmann, CPA
Director of Investment Accounting
312.263.2900
joe.borgmann@aamcompany.com

Jason Simkin, CPA
SIMKIN CPA, LLC – The Insurance Tax Advisory Firm
972.308.0044
jason.simkin@simkincpa.com

Disclaimer: Asset Allocation & Management Company, LLC (AAM) is an investment adviser registered with the Securities and Exchange Commission, specializing in fixed-income asset management services for insurance companies. This information was developed using publicly available information, internally developed data and outside sources believed to be reliable. While all reasonable care has been taken to ensure that the facts stated and the opinions given are accurate, complete and reasonable, liability is expressly disclaimed by AAM and any affiliates (collectively known as “AAM”), and their representative officers and employees. This report has been prepared for informational purposes only and does not purport to represent a complete analysis of any security, company or industry discussed. Any opinions and/or recommendations expressed are subject to change without notice and should be considered only as part of a diversified portfolio. A complete list of investment recommendations made during the past year is available upon request. Past performance is not an indication of future returns.

This information is distributed to recipients including AAM, any of which may have acted on the basis of the information, or may have an ownership interest in securities to which the information relates. It may also be distributed to clients of AAM, as well as to other recipients with whom no such client relationship exists. Providing this information does not, in and of itself, constitute a recommendation by AAM, nor does it imply that the purchase or sale of any security is suitable for the recipient. Investing in the bond market is subject to certain risks including market, interest-rate, issuer, credit, inflation, liquidity, valuation, volatility, prepayment and extension. No part of this material may be reproduced in any form, or referred to in any other publication, without express written permission.

On September 14, 2009, the Statutory Accounting Principles Working Group adopted SSAP 43R, which provides guidance on recording other-than-temporary impairments (OTTI) on loan-backed and structured securities. The new pronouncement will supersede SSAP No. 98 – Treatment of Written downs When Quantifying Changes in Valuation and Impairments, an Amendment of SSAP No. 43 – Loan-Backed and Structured Securities, as well as, paragraph 13 of SSAP No. 99 – Accounting for Certain Securities Subsequent to an Other-Than-Temporary Impairment. It will be officially adopted at the NAIC’s fall meeting next week and will become effective for September 30, 2009 reporting. This memo outlines the new guidance, with the focus being on securities held by clients of AAM. Since SSAP 43R was based on FSP FAS 115-2 and 124-2: Recognition and Presentation of Other-Than-Temporary Impairments, it may be helpful to read this memo in conjunction with our April 24, 2009 memo (attached), which covered the newly adopted FSP.

When the holder of a loan-backed or structured security (“security”) with an unrealized loss position either has the intent to sell the security or does not have the intent and ability to hold the security for a period of time sufficient to recover the amortized cost basis, the security is OTTI and must be written down to fair value. The write-down shall be recognized in earnings as a realized loss.

When the holder of a security with an unrealized loss position does not intend to sell the security and has the intent and ability to hold the security for a period of time sufficient to recover the amortized cost, the security must be classified into one of three categories:

Category One

Category One includes securities that when purchased, were not of high credit quality (rated below AA) or securities that can be contractually prepaid or otherwise settled in such a way that the reporting entity would not recover substantially all of its investment (interest only strips). For these securities, the best estimate of future cash flows shall be used along with the current yield being used to accrete the security as the discount rate to determine a present value of the expected cash flows. If this present value is less than the amortized cost of the security, the security must be written down to this present value amount. The write-down shall be recognized in earnings as a realized loss. Using the effective interest rate method, the security shall be prospectively accreted over its remaining life to the undiscounted estimate of principal recovery.

Category Two

Category Two includes securities where the collection of all contractual cash flows are not probable. Category Two excludes securities that can be included in Category One. For these securities, the best estimate of future cash flows shall be used along with the security’s effective interest rate (book yield) immediately prior to the recognition of the OTTI as the discount rate to determine a present value of the expected cash flows. If this present value is less than the amortized cost of the security, the security must be written down to this present value amount. The write-down shall be recognized in earnings as a realized loss. Using the effective interest rate method, the security shall be prospectively accreted over its remaining life to the undiscounted estimate of principal recovery.

Category Three

Category Three includes securities where the collection of all contractual cash flows are probable. Category Three excludes securities that can be included in Category One or Two. For these securities, the best estimate of future cash flows shall be used along with the security’s effective interest rate at the acquisition of the security (trade yield) as the discount rate to determine a present value of the expected cash flows. If this present value is less than the amortized cost of the security, the security must be written down to this present value amount. The write-down shall be recognized in earnings as a realized loss. Using the effective interest rate method, the security shall be prospectively accreted over its remaining life to the undiscounted estimate of principal recovery.

AVR/IMR Implications

When an OTTI is recorded because there is intent to sell or the holder does not have the intent and ability to hold the security for a period of time sufficient to recover the amortized cost basis, the security is written down to fair value. The total loss recorded shall be bifurcated between the interest related loss and the non-interest related loss.

View diagram in original PDF.

The interest related portion shall be recorded through the IMR and the non-interest related portion shall be recorded through the AVR.

Transition

A cumulative effect adjustment shall be made to the July 1, 2009 balance of unassigned surplus for impairments recorded prior to July 1, 2009 under SSAP No. 98 or SSAP No. 43. The adjustment shall be calculated by comparing the present value of the cash flows and the amortized cost basis of the security as of July 1, 2009. The discount rate used to calculate the present value of the cash flows shall be the rate in effect before recognizing any OTTI.

Disclosures

Please refer to SSAP 43R for new disclosure requirements.

Joseph A. Borgmann, CPA
Vice President
Investment Accounting

There has been a flurry of activity in the investment accounting world this past month related to fair value accounting and OTTI. All of which could have an impact on your first quarter reporting. We had been waiting for the dust to settle before we summarized the new guidance as outlined below:

GAAP

FSP FAS 157-4: Determining Fair Value When the Volume and Level of Activity for the Asset or Liability Have Significantly Decreased and Identifying Transactions That Are Not Orderly

Effective Date: Reporting periods ending after June 15, 2009; early adoption (along with FSP FAS 115-2 and 124-2 and FSP FAS 107-1 and APB 28-1) is permitted for periods ending after March 15, 2009.

This FSP stresses that the objective of fair value measurement has not changed. It still should represent the Company’s best estimate of the consideration that would be exchanged in an orderly transaction. It is noted that the emphasis on using quoted prices for fair value measurement “has resulted in a misapplication of Statement 157 when estimating the fair value of certain financial assets.” Therefore, the purpose of this FSP is to clarify situations in which a Company should deviate from using quoted prices for fair value measurement. These situations exist when the volume and level of trading activity for a security have significantly decreased and the quotes generated from these transactions are not “orderly” (distressed or liquidation sales). Below are the factors noted in the FSP that indicate that a market is abnormal/inactive and the related price quotes are not from orderly transactions.

Abnormal/Inactive Market
a. There are few recent transactions.
b. Price quotations are not based on current information.
c. Price quotations vary substantially either over time or among brokers.
d. Indexes that previously were highly correlated with the fair values are demonstrably uncorrelated with recent indications of fair value.
e. There is a significant increase in implied liquidity risk premiums, yields, or performance indicators (such as delinquency rates or loss severities) for observed transactions or quoted prices when compared with the Company’s estimate of expected cash flows, considering all available market data about credit and other nonperformance risk.
f. There is a wide bid-ask spread or significant increase in the bid-ask spread.
g. There is a significant decline or absence of a market for new issuances.
h. Little information is released publicly (for example, a principal-to-principal market).

Price Quote is Not Orderly
a. There was not adequate exposure to the market for a period before the measurement date to allow for marketing activities that are usual and customary for transactions involving such assets or liabilities under current marketing conditions.
b. There was a usual and customary marketing period, but the seller marketed only to a single market participant.
c. The seller is in or near bankruptcy or receivership (distressed), or the seller was required to sell to meet regulatory or legal requirements (forced).
d. The transaction price is an outlier when compared with other recent transactions for the same or similar security.

If it is evident that the quotes are not a result of an orderly transaction, little or no weight shall be placed on the quote when estimating the fair value of the security. If the Company can not conclude that a quote is from an orderly transaction, the company should obtain sufficient collaborative evidence to support the Company’s fair value estimate.

FSP FAS 115-2 and 124-2: Recognition and Presentation of Other-Than-Temporary Impairments

Effective Date: Reporting periods ending after June 15, 2009; early adoption (along with FSP FAS 157-4 and FSP FAS 107-1 and APB 28-1) is permitted for periods ending after March 15, 2009

This FSP has significantly changed the GAAP Other Than Temporary Impairment (OTTI) model. In the previous model, a company needed to assert that it had the ability to hold an impaired security for a period of time sufficient to allow for a recovery in its fair value to its amortized cost basis. This requirement has changed to a) the company asserting that it does not intend to sell the debt security or b) that it is more likely than not the company will not be required to sell the debt security before its anticipated recovery. The new model also includes the concept of bifurcating an impairment loss between the credit related portion of the loss and the non-credit related portion of the loss. Additionally, the new model includes a comparison of the present value of expected cash flows of a security to its amortized cost basis and to its fair value to determine how an OTTI write-down shall be recorded. Before we go into detail on the methodology behind this comparison, it is important to understand how the present value of the expected cash flows of a security shall be calculated and how the impairment loss shall be bifurcated under this new FSP.

When estimating the stream of cash flows, the company should take into consideration all available information regarding the security. This should include, but is not limited to, prepayment assumptions, expected default assumptions, and the current condition of guarantor of the security. If the security is within the scope of EITF 99-20, the discount rate used in the present value calculation should equal the security’s current book yield (effective interest rate). If the security does not fall under EITF 99-20, the yield of the security at acquisition can be used.

In regard to the bifurcation of the impairment loss, the difference between the present value of the estimated cash flows and the amortized cost basis is considered the credit related portion of the loss. The difference between the present value of the estimated cash flows and the fair value is considered a non-credit related portion of the loss.

View diagram in original PDF.

Now to the new model:

The existence of a credit loss (amortized cost is greater than the present value of the expected cash flows) indicates that a security is OTTI.

Company intends to sell the impaired security at a loss.

• OTTI write-down is required. The difference between Amortized Cost and Fair Value is recognized as a loss in earning.

It is more likely than not that the Company will be required to sell the security for an amount less than the current present value of the expected cash flows.

• OTTI write-down is required. The difference between Amortized Cost and Fair Value is recognized as a loss in earning.

Company does not intend to sell the OTTI security at a loss and it is more likely than not that the Company will not be required to sell the security for an amount less than the current present value of the expected cash flows.

• OTTI write-down is required. The credit loss is recognized through earnings. The non-credit loss is recognized in accumulated other comprehensive income.
• Upon recording the OTTI write-down, the cost basis of the security will equal the present value of the expected cash flows. Using the effective interest rate method, the security shall then be accreted over its remaining life to the undiscounted estimate of principal recovery. If the security is classified as available-for-sale, the accretion shall be recognized in earnings. If the security is classified as held-to-maturity, the accretion is recognized in accumulated other comprehensive income.

Company does not intend to sell a security that was written down in a prior period and it is more likely than not that the Company will not be required to sell the security before recovery of its amortized cost.

• The Company shall reclassify a portion of the previously recorded impairment from retained earnings to accumulated other comprehensive income.
• The amount of the reclassification shall equal the difference between the amortized cost of the security and the present value of the expected cash flows. The security’s yield, prior to the impairment write-down, shall be used as the discount rate to calculate the present value.
• Using the effective interest rate method, the security shall then be accreted over its remaining life to the undiscounted estimate of principal recovery. If the security is classified as available-for-sale, the accretion shall be recognized in earnings. If the security is classified as held-to-maturity, the accretion is recognized in accumulated other comprehensive income.

The FSP also requires additional disclosures and a specific presentation related to OTTI write-downs. Please refer to the pronouncement for details.

FSP FAS 107-1 and APB 28-1: Interim Disclosures About Fair Value of Financial Instruments

Effective Date: Reporting periods ending after June 15, 2009; early adoption (along with FSP FAS 157-4) is permitted for periods ending after March 15, 2009

This FSP requires companies to include FAS 107 disclosures in the quarterly reporting. It also requires disclosure of the methods and significant assumptions used to estimate the fair values and a description of any changes in these methods and assumptions during the period.

SSAP

INT 09-04: Application of the Fair Value Definition – EXPOSURE DRAFT

Comment period: Ending April 30, 2009
Tentative Effective Date: Periods ending on or after March 31, 2009

The current version of this exposure draft reiterates the guidance in FSP FAS 157-4: Determining Fair Value When the Volume and Level of Activity for the Asset or Liability Have Significantly Decreased and Identifying Transactions That Are Not Orderly. Refer to the paragraphs above for details regarding this FSP.

SSAP No. 98: Treatment of Cash Flows When Quantifying Changes in Valuation and Impairments, an Amendment of SSAP No. 43 – Loan-Backed and Structured Securities

The NAIC has delayed the effective date of SSAP 98 until September 30, 2009, with early adoption permitted. Previously, it was effective January 1, 2009. SSAP 98 requires insurers to write down other-than-temporarily impaired loan-backed securities to fair value. With its delay, insurers can continue to apply guidance in SSAP 43, which requires other-than-temporarily impaired loan-backed securities to be written down to the undiscounted estimate of future cash flows.

Joseph A. Borgmann, CPA
Vice President
Investment Accounting

SSAP No. 98 — Treatment of Cash Flows When Quantifying Changes in Valuation and Impairments, an Amendment of SSAP No. 43 — Loan-backed and Structured Securities

Issued: November 5, 2008
Effective: January 1, 2009, with early adoption permitted

This pronouncement requires that when recording an other-than-temporary impairment related to a loan backed security, the security’s cost basis should be reduced to its fair value. Prior to the adoption of SSAP No. 98 and 99, the cost basis of an other-than-temporarily impaired loan backed security was written down to its undiscounted estimate of future cash flows.

Loan backed securities that have been previously impaired should be reviewed to determine if an additional write-down is warranted.

SSAP No. 99 — Accounting for Certain Securities Subsequent to an Other-Than-Temporary Impairment

Issued: September 23, 2008
Effective: January 1, 2009, with early adoption permitted

This pronouncement requires that after writing down a bond or redeemable preferred stock, whereby the cost basis of the security is reduced to its fair value, the difference between the new cost basis and the estimated recovery value (the new premium or discount) should be amortized or accreted over the remaining life of the security.

SSAP No. 99 also clarifies that any bond premium that is written-off upon recognition of an impairment shall be recorded as a realized loss versus a reduction to investment income.

Other Relevant Statutory Guidance:
INT 06-07: Definition of “Other Than Temporary”

One of the key concepts of this OTTI guidance is that there are two types of impairments – interest related impairments and credit related impairments. An interest related impairment is obviously caused by changes in the risk free interest rate, but also includes general credit spread widening due to “supply/demand imbalances” or “perceived higher/lower risk of an entire sector”. From a recognition standpoint, an interest related OTTI adjustment should be recorded when the holder has the intent to sell the position.

In contrast, a credit related impairment should be recognized when it is deemed other-than-temporary. Since we are currently experiencing a market where many securities have been trading at severely depressed levels, it is important to assess the issuers’ ability to make principal and interest payments when they are due. If the issuer is showing signs that indicate the inability to make these payments, the impairment should be considered credit related. If the issuer remains financially sound, the impairment is most likely interest related.

Annual Statement Changes
2008-22BWG

Effective: 2008 Annual Statement

With the adoption of 2008-22BWG comes a new (electronic) column to the Schedule D Parts 1 and 2, which indentifies the source of the fair value/market value used in the statement. Below are the codes that are to be noted in this column:

a — price is from a pricing service

b — price is from a stock exchange

c — price is from a broker or the insurer’s custodian **

d — price is determined by the insurer

e — price is from the SVO

** Broker must be approved by the insurer as a counterparty for buying and selling securities or be an underwriter of the security being valued and the broker’s or custodian’s pricing policy must be retained by the insurer.

Similar to AAM’s SFAS 157 level one, two, or three reporting, AAM will provide a year-end report to our client’s that specify our valuation sources in the format outlined above.

Joseph A. Borgmann, CPA
Vice President
Investment Accounting