Provisions, Contingent Liabilities and Contingent Assets: Accounting Standard (AS) 29
Provisions, Contingent Liabilities and Contingent Assets: Accounting Standard (AS) 29
Provisions, Contingent Liabilities and Contingent Assets: Accounting Standard (AS) 29
Contents
OBJECTIVE
SCOPE Paragraphs 1-9
DEFINITIONS 10-13
RECOGNITION 14-34
Provisions 14-25
Present Obligation 15
Past Event 16-21
Probable Outflow of Resources Embodying
Economic Benefits 22-23
Reliable Estimate of the Obligation 24-25
Contingent Liabilities 26-29
Contingent Assets 30-34
MEASUREMENT 35-45
Best Estimate 35-37
Risks and Uncertainties 38-40
Future Events 41-43
Expected Disposal of Assets 44-45
636
REIMBURSEMENTS 46-51
CHANGES IN PROVISIONS 52
USE OF PROVISIONS 53-54
APPLICATION OF THE RECOGNITION AND
MEASUREMENT RULES 55-65
Future Operating Losses 55-57
Restructuring 58-65
DISCLOSURE 66-72
APPENDICES
B. Decision Tree
C. Examples: Recognition
D. Examples: Disclosure
(a) in its entirety, for the enterprises which fall in any one or more of
the following categories, at any time during the accounting period:
Accounting Standards are intended to apply only to items which are material.
2 Reference may be made to the section titled ‘Announcements of the Council
(b) in its entirety, except paragraph 67, for the enterprises which do
not fall in any of the categories in (a) above but fall in any one or
more of the following categories:
(c) in its entirety, except paragraphs 66 and 67, for the enterprises,
which do not fall in any of the categories in (a) and (b) above.
Provisions, Contingent Liabilities and Contingent Assets 639
Where an enterprise has been covered in any one or more of the categories
in (a) above and subsequently, ceases to be so covered, the enterprise will
not qualify for exemption from paragraph 67 of this Standard, until the
enterprise ceases to be covered in any of the categories in (a) above for two
consecutive years.
Where an enterprise has been covered in any one or more of the categories
in (a) or (b) above and subsequently, ceases to be covered in any of the
categories in (a) and (b) above, the enterprise will not qualify for exemption
from paragraphs 66 and 67 of this Standard, until the enterprise ceases to be
covered in any of the categories in (a) and (b) above for two consecutive
years.
An enterprise, which, pursuant to the above provisions, does not disclose the
information required by paragraph 67 or paragraphs 66 and 67, as the case
may be, should disclose the fact.
From the date of this Accounting Standard becoming mandatory (in its entirety
or with the exception of paragraph 67 or paragraphs 66 and 67, as the case
may be), all paragraphs of Accounting Standard (AS) 4, Contingencies and
Events Occurring After the Balance Sheet Date, that deal with contingencies
(viz., paragraphs 1 (a), 2, 3.1, 4 (4.1 to 4.4), 5 (5.1 to 5.6), 6, 7 (7.1 to 7.3),
9.1 (relevant portion), 9.2, 10, 11, 12 and 16), stand withdrawn.3
Objective
The objective of this Statement is to ensure that appropriate recognition
criteria and measurement bases are applied to provisions and contingent
liabilities and that sufficient information is disclosed in the notes to the financial
statements to enable users to understand their nature, timing and amount.
The objective of this Statement is also to lay down appropriate accounting
for contingent assets.
Scope
1. This Statement should be applied in accounting for provisions and
contingent liabilities and in dealing with contingent assets, except:
4 For the purpose of this Statement, the term ‘financial instruments’ shall have the
same meaning as in Accounting Standard (AS) 20, Earnings Per Share.
5 The meaning of the term ‘onerous contracts’ and the application of the recognition
and measurement principles of this Statement to such contracts are given in the
Accounting Standards Interpretation (ASI) 30 on ‘Applicability of AS 29 to Onerous
Contracts’. ASI 30 is published elsewhere in this Compendium.
Provisions, Contingent Liabilities and Contingent Assets 641
assets of insurance enterprises other than those arising from contracts with
policy-holders.
6AS 15 (issued 1995) has been revised in 2005 and is titled as ‘Employee Benefits’.
AS 15 (revised 2005) comes into effect in respect of accounting periods commencing
on or after April 1, 2006.
642 AS 29 (issued 2003)
Definitions
10. The following terms are used in this Statement with the meanings
specified:
(a) a possible obligation that arises from past events and the
existence of which will be confirmed only by the occurrence
or non-occurrence of one or more uncertain future events not
wholly within the control of the enterprise; or
(b) a present obligation that arises from past events but is not
recognised because:
A contingent asset is a possible asset that arises from past events the
existence of which will be confirmed only by the occurrence or non-
occurrence of one or more uncertain future events not wholly within the
control of the enterprise.
Provisions, Contingent Liabilities and Contingent Assets 643
(a) trade payables are liabilities to pay for goods or services that
have been received or supplied and have been invoiced or formally
agreed with the supplier; and
(b) accruals are liabilities to pay for goods or services that have been
received or supplied but have not been paid, invoiced or formally
agreed with the supplier, including amounts due to employees.
Although it is sometimes necessary to estimate the amount of
accruals, the degree of estimation is generally much less than
that for provisions.
13. In this Statement, the term ‘contingent’ is used for liabilities and assets
that are not recognised because their existence will be confirmed only by the
occurrence or non-occurrence of one or more uncertain future events not
wholly within the control of the enterprise. In addition, the term ‘contingent
liability’ is used for liabilities that do not meet the recognition criteria.
644 AS 29 (issued 2003)
Recognition
Provisions
14. A provision should be recognised when:
Present Obligation
15. In almost all cases it will be clear whether a past event has given rise to
a present obligation. In rare cases, for example in a lawsuit, it may be disputed
either whether certain events have occurred or whether those events result
in a present obligation. In such a case, an enterprise determines whether a
present obligation exists at the balance sheet date by taking account of all
available evidence, including, for example, the opinion of experts. The evidence
considered includes any additional evidence provided by events after the balance
sheet date. On the basis of such evidence:
(a) where it is more likely than not that a present obligation exists at
the balance sheet date, the enterprise recognises a provision (if
the recognition criteria are met); and
Past Event
16. A past event that leads to a present obligation is called an obligating
event. For an event to be an obligating event, it is necessary that the enterprise
has no realistic alternative to settling the obligation created by the event.
Provisions, Contingent Liabilities and Contingent Assets 645
18. It is only those obligations arising from past events existing independently
of an enterprise’s future actions (i.e. the future conduct of its business) that
are recognised as provisions. Examples of such obligations are penalties or
clean-up costs for unlawful environmental damage, both of which would
lead to an outflow of resources embodying economic benefits in settlement
regardless of the future actions of the enterprise. Similarly, an enterprise
recognises a provision for the decommissioning costs of an oil installation to
the extent that the enterprise is obliged to rectify damage already caused. In
contrast, because of commercial pressures or legal requirements, an enterprise
may intend or need to carry out expenditure to operate in a particular way in
the future (for example, by fitting smoke filters in a certain type of factory).
Because the enterprise can avoid the future expenditure by its future actions,
for example by changing its method of operation, it has no present obligation
for that future expenditure and no provision is recognised.
20. An event that does not give rise to an obligation immediately may do so
at a later date, because of changes in the law. For example, when
environmental damage is caused there may be no obligation to remedy the
consequences. However, the causing of the damage will become an obligating
event when a new law requires the existing damage to be rectified.
23. Where there are a number of similar obligations (e.g. product warranties
or similar contracts) the probability that an outflow will be required in
settlement is determined by considering the class of obligations as a whole.
Although the likelihood of outflow for any one item may be small, it may well
be probable that some outflow of resources will be needed to settle the class
of obligations as a whole. If that is the case, a provision is recognised (if the
other recognition criteria are met).
25. In the extremely rare case where no reliable estimate can be made, a
liability exists that cannot be recognised. That liability is disclosed as
a contingent liability (see paragraph 68).
Contingent Liabilities
26. An enterprise should not recognise a contingent liability.
28. Where an enterprise is jointly and severally liable for an obligation, the
part of the obligation that is expected to be met by other parties is treated as
a contingent liability. The enterprise recognises a provision for the part of
the obligation for which an outflow of resources embodying economic benefits
is probable, except in the extremely rare circumstances where no reliable
estimate can be made (see paragraph 14).
Contingent Assets
30. An enterprise should not recognise a contingent asset.
32. Contingent assets are not recognised in financial statements since this
may result in the recognition of income that may never be realised. However,
when the realisation of income is virtually certain, then the related asset is
not a contingent asset and its recognition is appropriate.
34. Contingent assets are assessed continually and if it has become virtually
certain that an inflow of economic benefits will arise, the asset and the
648 AS 29 (issued 2003)
Measurement
Best Estimate
35. The amount recognised as a provision should be the best estimate
of the expenditure required to settle the present obligation at the balance
sheet date. The amount of a provision should not be discounted to its
present value.
36. The estimates of outcome and financial effect are determined by the
judgment of the management of the enterprise, supplemented by experience
of similar transactions and, in some cases, reports from independent experts.
The evidence considered includes any additional evidence provided by events
after the balance sheet date.
37. The provision is measured before tax; the tax consequences of the
provision, and changes in it, are dealt with under AS 22, Accounting for
Taxes on Income.
Future Events
41. Future events that may affect the amount required to settle an
obligation should be reflected in the amount of a provision where there
is sufficient objective evidence that they will occur.
45. Gains on the expected disposal of assets are not taken into account in
measuring a provision, even if the expected disposal is closely linked to the
event giving rise to the provision. Instead, an enterprise recognises gains on
expected disposals of assets at the time specified by the Accounting Standard
dealing with the assets concerned.
650 AS 29 (issued 2003)
Reimbursements
46. Where some or all of the expenditure required to settle a provision
is expected to be reimbursed by another party, the reimbursement should
be recognised when, and only when, it is virtually certain that
reimbursement will be received if the enterprise settles the obligation.
The reimbursement should be treated as a separate asset. The amount
recognised for the reimbursement should not exceed the amount of the
provision.
49. In most cases, the enterprise will remain liable for the whole of the
amount in question so that the enterprise would have to settle the full amount
if the third party failed to pay for any reason. In this situation, a provision is
recognised for the full amount of the liability, and a separate asset for the
expected reimbursement is recognised when it is virtually certain that
reimbursement will be received if the enterprise settles the liability.
50. In some cases, the enterprise will not be liable for the costs in question
if the third party fails to pay. In such a case, the enterprise has no liability for
those costs and they are not included in the provision.
Changes in Provisions
52. Provisions should be reviewed at each balance sheet date and
adjusted to reflect the current best estimate. If it is no longer probable
that an outflow of resources embodying economic benefits will be required
to settle the obligation, the provision should be reversed.
Provisions, Contingent Liabilities and Contingent Assets 651
Use of Provisions
53. A provision should be used only for expenditures for which the
provision was originally recognised.
54. Only expenditures that relate to the original provision are adjusted against
it. Adjusting expenditures against a provision that was originally recognised
for another purpose would conceal the impact of two different events.
56. Future operating losses do not meet the definition of a liability in paragraph
10 and the general recognition criteria set out for provisions in paragraph 14.
Restructuring
58. The following are examples of events that may fall under the definition
of restructuring:
60. No obligation arises for the sale of an operation until the enterprise
is committed to the sale, i.e., there is a binding sale agreement.
(b) marketing; or
These expenditures relate to the future conduct of the business and are
not liabilities for restructuring at the balance sheet date. Such
expenditures are recognised on the same basis as if they arose
independently of a restructuring.
Disclosure
66. For each class of provision, an enterprise should disclose:
(a) the carrying amount at the beginning and end of the period;
70. Where a provision and a contingent liability arise from the same set of
circumstances, an enterprise makes the disclosures required by paragraphs
66-68 in a way that shows the link between the provision and the contingent
liability.
Appendix A
Tables - Provisions, Contingent Liabilities and
Reimbursements
The purpose of this appendix is to summarise the main requirements
of the Accounting Standard. It does not form part of the Accounting
Standard and should be read in the context of the full text of the
Accounting Standard.
Reimbursements
Some or all of the expenditure required to settle a provision is
expected to be reimbursed by another party.
The enterprise has The obligation for the The obligation for
no obligation for the amount expected to the amount
part of the be reimbursed expected to be
expenditure to be remains with the reimbursed remains
reimbursed by the enterprise and it is with the enterprise
other party. virtually certain that and the
reimbursement will reimbursement is
be received if the not virtually certain
enterprise settles the if the enterprise
provision. settles the
provision.
Appendix B
Decision Tree
The purpose of the decision tree is to summarise the main recognition
requirements of the Accounting Standard for provisions and contingent
liabilities. The decision tree does not form part of the Accounting
Standard and should be read in the context of the full text of the
Accounting Standard.
Start
Yes Yes
No Yes
Portable outflow? Remote?
Yes
No
Yes
Provide Disclose contingent Do nothing
liability
Appendix C
Examples: Recognition
This appendix illustrates the application of the Accounting Standard to
assist in clarifying its meaning. It does not form part of the Accounting
Standard.
All the enterprises in the examples have 31 March year ends. In all
cases, it is assumed that a reliable estimate can be made of any outflows
expected. In some examples the circumstances described may have
resulted in impairment of the assets - this aspect is not dealt with in the
examples.
Example 1: Warranties
A manufacturer gives warranties at the time of sale to purchasers of its
product. Under the terms of the contract for sale the manufacturer undertakes
to make good, by repair or replacement, manufacturing defects that become
apparent within three years from the date of sale. On past experience, it is
probable (i.e. more likely than not) that there will be some claims under the
warranties.
as part of the cost of the oil rig. The ten per cent of costs that arise through
the extraction of oil are recognised as a liability when the oil is extracted.
pay fines or penalties under the legislation because the obligating event has
occurred (the non-compliant operation of the factory).
The cost of replacing the lining is not recognised because, at the balance
sheet date, no obligation to replace the lining exists independently of the
company’s future actions - even the intention to incur the expenditure depends
on the company deciding to continue operating the furnace or to replace the
lining.
The costs of overhauling aircraft are not recognised as a provision for the
664 AS 29 (issued 2003)
Appendix D
Examples: Disclosure
The appendix is illustrative only and does not form part of the Accounting
Standard. The purpose of the appendix is to illustrate the application of
the Accounting Standard to assist in clarifying its meaning.
Example 1 Warranties
Appendix E
Note: This Appendix is not a part of the Accounting Standard. The
purpose of this appendix is only to bring out the major differences
between Accounting Standard 29 and corresponding International
Accounting Standard (IAS) 37.
1. Discounting of Provisions
IAS 37 requires that where the effect of the time value of money is material,
the amount of a provision should be the present value of the expenditures
expected to be required to settle the obligation. On the other hand, the
Accounting Standard requires that the amount of a provision should not be
discounted to its present value. The reason for not requiring discounting is
that, at present, in India, financial statements are prepared generally on
historical cost basis and not on present value basis.
In view of the above, the Accounting Standard does not deal with ‘constructive
obligation’. Thus, in situations such as restructuring, general recognition criteria
are required to be applied.
3. Contingent Assets
Both the Accounting Standard and IAS 37 require that an enterprise should
not recognise a contingent asset. However, IAS 37 requires certain disclosures
in respect of contingent assets in the financial statements where an inflow of
economic benefits is probable. In contrast to this, as a measure of prudence,
the Accounting Standard does not even require contingent assets to be
disclosed in the financial statements. The Standard recognises that contingent
asset is usually disclosed in the report of the approving authority where an
inflow of economic benefits is probable.
4. Definitions
The definitions of the terms ‘legal obligation’, ‘constructive obligation’ and
‘onerous contract’ contained in IAS 37 have been omitted from the
Accounting Standard, as a consequence to above departures from IAS
37. Further, the definitions of the terms ‘provision’ and ‘obligating
event’
contained in IAS 37 have been modified as a consequence to above
departures from IAS 37. In the Accounting Standard, the definitions of the
terms ‘present obligation’ and ‘possible obligation’ have been added as
compared to IAS 37 with a view to bring more clarity.