The answer to this question is provided by the European Commission.

Question 1
Pursuant to Article 15(3) of Commission Delegated Regulation (EU) 2015/35, “insurance and reinsurance undertakings shall only ascribe a positive value to DTA where it is probable that future taxable profit will be available against which the DTA can be utilised, taking into account any legal or regulatory requirements on the time limits relating to the carry-forward of unused tax losses or the carry-forward of unused tax credits.”
Therefore, for the valuation of deferred tax assets under Solvency II, insurance and reinsurance undertakings are required to take into account the actual timing of deferred tax assets, deferred tax liabilities and/or taxable profits.
Article 9 of Commission Delegated Regulation (EU) 2015/35 requires that insurance and reinsurance undertakings recognise assets and liabilities in conformity with the international accounting standards adopted by the Commission in accordance with Regulation (EC) No 1606/2002, provided that those standards include valuation methods that are consistent with the valuation approach set out in Article 75 of Directive 2009/138/EC.
IAS 12 is one such international accounting standard adopted in accordance with Article 1 of Commission Regulation (EU) 2023/1803. Pursuant to paragraph 28 of that standard, “It is probable that taxable profit will be available against which a deductible temporary difference can be utilised when there are sufficient taxable temporary differences relating to the same taxation authority and the same taxable entity which are expected to reverse:
(a) in the same period as the expected reversal of the deductible temporary difference; or
(b) in periods into which a tax loss arising from the deferred tax asset can be carried back or forward.”
Therefore, IAS 12 is not conflicting with Article 15(3) of Commission Delegated Regulation (EU) 2015/35 as regards the valuation of deferred tax assets, as in both cases, their recognition and valuation necessitates a ‘detailed scheduling’ of the timing of deferred tax assets, deferred tax liabilities and/or taxable profits.
Paragraphs 74 and 75 of IAS 12 to which Question 1 refers do not set out valuation methods but prescribe the presentation of valuation results under international accounting standards. Therefore, they do not apply to the valuation under Solvency II of deferred taxes.

Question 2
Article 15 of Delegated Regulation (EU) 2015/35 sets out requirements for the recognition and valuation of deferred tax assets and deferred tax liabilities under Solvency II, which should serve as the basis for determining the amount of net deferred tax assets that qualify as available Tier 3 Basic own funds, as referred to in Article 76(a)(iii) of that Delegated Regulation.
Article 297 of Delegated Regulation (EU) 2015/35 specifies elements that should be included in the solvency and financial condition report as regards capital management. In particular, the first indent of paragraph 1, point (i)(iii), of that Article requires that insurance and reinsurance undertakings confirm the amount of net deferred tax assets that are available basic own-fund items classified as Tier 3 in accordance with Article 76, point (a)(iii), of that Delegated Regulation.
The introductory wording of Article 297(1), point (i)(iii), of Delegated Regulation (EU) 2015/35 provides that the net deferred tax assets are to be calculated as the difference between the amount of deferred tax assets which has been recognised and the amount of deferred tax liabilities. Read in conjunction with paragraph 1, points (i)(i) and (i)(ii) of that same Article, it could be inferred that the amount of deferred tax assets to be considered for that calculation should be prior to any assessment of their probable utilisation.

However, such a reading would not be consistent with the rules governing the recognition and valuation of deferred tax assets as set out in Article 15, notably paragraph 3, of Delegated Regulation (EU) 2015/35, which provides that a positive value to deferred tax assets can only be ascribed where it is probable that future taxable profit will be available against which the deferred tax asset can be utilised, taking into account any legal or regulatory requirements on the time limits relating to the carry-forward of unused tax losses or the carry-forward of unused tax credits.
It should also be noted that Article 297(1), point (i)(iii), third indent, of Delegated Regulation (EU) 2015/35 requires that where the amount of deferred tax assets is material, the solvency and financial condition report should include a description of the underlying assumptions used for the projection of probable future taxable profit for the purposes of Article 15 of that Delegated Regulation. That third indent confirms that the introductory wording of Article 297(1), point (i)(iii), of Delegated Regulation (EU) 2015/35 should be understood in such a way that the net deferred tax assets are calculated as the difference between the amount of deferred tax assets and the amount of deferred tax liabilities against which the deferred tax assets may be set off, where the deferred tax assets are those which both have been recognised and are likely to be utilised by reference to probable future taxable profit and by reference to the reversion of deferred tax liabilities relating to income taxes levied by the same taxation authority.

Therefore, for the confirmation referred to in Article 297(1)(i)(iii), first indent, of Delegated Regulation (EU) 2015/35 that the net deferred tax assets qualify as available Tier 3 own funds in accordance with Article 76, point (a)(iii), of Delegated Regulation (EU) 2015/35, the calculation of such net deferred tax assets should also rely on a valuation of deferred tax assets in accordance with Article 15, in particular paragraph 3, of Delegated Regulation (EU) 2015/35.
As part of further reviews of Delegated Regulation (EU) 2015/35, the Commission services will assess whether it would be appropriate to amend Article 297(1), point (i)(iii), of that Delegated Regulation in order to specify that net deferred tax assets, for which the solvency and financial condition report is to confirm that they qualify as available basic own-fund items classified as Tier 3 in accordance with Article 76, point (a)(iii), of Delegated Regulation (EU) 2015/35, should be calculated as the difference between the amount of deferred tax assets calculated in accordance with Article 15 and the amount of deferred tax liabilities against which the deferred tax assets may be set off.

Disclaimer provided by the European Commission:

The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.