International GAAP® 2019: Generally Accepted Accounting Practice under International Financial Reporting Standards

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  of the property which, as set out in 2 above, is mainly based on the entity’s intention

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  when the property is first acquired. Subsequent to initial recognition, assets might be

  reclassified into and from investment property (see 9 below).

  The likelihood of obtaining such permissions, however, is relevant in recognition and

  measurement of any additional costs to the property. Developers typically incur

  significant costs prior to such permissions being granted and such permissions are rarely

  guaranteed. Therefore, in assessing whether such pre-permission expenditure can be

  capitalised – assuming it otherwise meets the criteria – a judgement must be made, at

  the date the expenditure is incurred, of whether there is sufficient probability that the

  relevant permissions will be granted. Conversely, if during the application and approval

  process of such permits it is no longer expected that necessary permits will be granted,

  capitalisation of pre-permission expenditure should cease and any related amounts that

  were previously capitalised should be written off (either under the fair value model in

  IAS 40 (see 6 below) or in accordance with IAS 36 – Impairment of Assets, if the cost

  model is applied (see 7.3 below)). Further, if the cost model is used, the carrying amount

  of any related property subject to development or redevelopment (or, if appropriate,

  the cash generating unit where such an asset belongs) should be tested for impairment,

  where applicable, in accordance with IAS 36 (see 7.3 below).

  3.2

  Other aspects of cost recognition

  3.2.1

  Repairs and maintenance

  Day-to-day servicing, by which is meant the repairs and maintenance of the property

  which largely comprises labour costs, consumables and minor parts, should be

  recognised in profit or loss as incurred. [IAS 40.18]. However, the treatment is different if

  large parts of the properties have been replaced – the standard cites the example of

  interior walls that are replacements of the original walls. In this case, the cost of

  replacing the part will be recognised at the time that cost is incurred if the recognition

  criteria are met, while the carrying amount of the original part is derecognised (see 10.3

  below). [IAS 40.19].

  The inference is that by restoring the asset to its originally assessed standard of

  performance, the new part will meet the recognition criteria and future economic benefits

  will flow to the entity once the old part is replaced. The inference is also that replacement

  is needed for the total asset to be operative. This being the case, the new walls will

  therefore meet the recognition criteria and the cost will therefore be capitalised.

  Other than interior walls, large parts that might have to be replaced include elements

  such as lifts, escalators and air conditioning equipment.

  3.2.2

  Allocation into parts

  IAS 40 does not explicitly require an analysis of investment properties into components

  or parts. However, this analysis is needed for the purposes of recognition and

  derecognition of all expenditure after the asset has initially been recognised and (if the

  parts are significant) for depreciation of those parts (see Chapter 18 at 5.1). Some of this is

  not relevant to assets held under the fair value model that are not depreciated because

  the standard expects the necessary adjustments to the carrying value of the asset as a

  whole to be made via the fair value mechanism (see 6 below). However, entities that adopt

  Investment

  property

  1365

  the cost model are obliged to account for assets after initial recognition in accordance

  with the requirements of IAS 16. The cost model is discussed further at 7 below.

  3.3

  Acquisition of investment property or a business combination?

  IFRS 3 – Business Combinations – defines a business as ‘[a]n integrated set of activities

  and assets that is capable of being conducted and managed for the purpose of providing

  a return in the form of dividends, lower costs or other economic benefits...’.

  [IFRS 3 Appendix A]. However, the standard goes on to say that a business need not include

  all of the inputs or processes that the seller used in operating that business if market

  participants are ‘capable of’ acquiring the business and continuing to produce outputs,

  for example, by integrating the business with their own. [IFRS 3.B8, B11].

  The phrase ‘capable of’ is sufficiently broad that judgement will be required in assessing

  if an acquired set of activities and assets, such as investment property, constitutes a

  business. In isolation this requirement could be interpreted to mean that the acquisition

  of most investment properties should be dealt with as a business combination under

  IFRS 3 (and therefore be recognised in accordance with IFRS 3 rather than IAS 40). If

  dealt with under IFRS 3, then the initial accounting for investment property is

  considerably more complex. For example, amongst other requirements:

  • initial direct costs are expensed (IAS 40 allows these to be capitalised – see 4.1 below);

  • the initial recognition exception for deferred taxation does not apply (IAS 12 –

  Income Taxes – does not allow deferred taxation to be provided on existing

  temporary differences for acquisitions that are not business combinations); and

  • goodwill is recognised (often itself ‘created’ by the provision of deferred taxation).

  Judging whether an acquisition is a business combination or not is therefore of

  considerable importance. [IAS 40.14A].

  IAS 40 notes, in relation to the need to distinguish investment property from owner-

  occupied property, that where certain ancillary processes exist in connection with an

  investment property they are often insignificant to the overall arrangement (see 2.8

  above). Consequently, it may be appropriate to conclude that, where such acquired

  processes are considered by IAS 40 to be insignificant, an investment property

  acquisition is within the scope of IAS 40 rather than IFRS 3. However, it should be

  noted that IAS 40 and IFRS 3 are not mutually exclusive and this determination is not

  the specific purpose of the standard’s observation about ancillary services.

  In July 2011, the Interpretations Committee received a request seeking clarification on

  precisely this point – whether the acquisition of a single investment property, with lease

  agreements with multiple tenants over varying periods and associated processes, such

  as cleaning, maintenance and administrative services such as rent collection, constitutes

  a business as defined in IFRS 3.5

  Consequently, the IASB issued the Annual Improvements to IFRSs 2011-2013 Cycle on

  12 December 2013 which amended IAS 40 to state explicitly that the judgement

  required to determine whether the acquisition of investment property is the acquisition

  of an asset or a group of assets – or a business combination within the scope of IFRS 3

  – should only be made with reference to IFRS 3.

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  This clarified that the discussion about ‘ancillary services’ in paragraphs 7-14 of IAS 40

  (see 2.8 above) relates to whether or not property is owner-occupied property or

  investment property and not to det
ermining whether or not a property is a business as

  defined in IFRS 3. Determining whether a specific transaction meets the definition of a

  business combination as defined in IFRS 3 and includes an investment property as

  defined in IAS 40 requires the separate application of both standards. [IAS 40.14A].

  It will be a matter of judgement for preparers, but it may still be appropriate to conclude

  that, when applying the guidance in IFRS 3, if acquired processes are considered to be

  insignificant (whether by reference to guidance in IAS 40 or otherwise) an investment

  property acquisition is within the scope of IAS 40 rather than IFRS 3. This judgement

  will rest upon the facts and circumstances of each acquisition. If significant, disclosure

  of this judgement would be required by IAS 1 – Presentation of Financial Statements.

  [IAS 1.122].

  The definition of a business is applied regardless of whether the entity purchases a

  property directly or, in the case of consolidated financial statements, via the shares in

  another entity.

  We discuss at 3.3.1 below a recent Exposure Draft relating to the definition of a business.

  See also Chapter 9 at 3 for additional discussion in identifying a business combination.

  3.3.1

  Possible future developments – exposure draft on definition of a

  business

  The IASB recognises the difficulties in determining whether an acquisition meets the

  definition of a business – which are not just limited to investment property – and

  explored this issue in its post-implementation review of IFRS 3 which was completed

  in June 2015. As a result, in June 2016 the IASB issued an Exposure Draft ED/2016/1 –

  Definition of a Business and Accounting for Previously Held Interests (Proposed

  amendments to IFRS 3 and IFRS 11) (‘the Exposure Draft’). The proposed amendments

  include clarification of the application of the definition of a business. The IASB aims to

  provide additional guidance to help distinguish between the acquisition of a business

  and the acquisition of a group of assets.

  The Exposure Draft proposes a screening test designed to simplify the evaluation of

  whether an integrated set of activities and assets constitutes a business. Under the

  proposed amendments, an integrated set of activities and assets is not a business if

  a concentration of fair value exists. A concentration would exist if substantially all

  of the fair value of the gross assets acquired is concentrated in a single identifiable

  asset or group of similar identifiable assets. This proposed ‘screening test’ is based

  on the fair value of the gross assets acquired (i.e. any acquired input, contract,

  process, workforce and any other intangible asset that is not identifiable), rather

  than the fair value of the total consideration paid or the net assets. Thus, the

  significance of a single asset or a group of similar assets acquired is assessed without

  considering how they are financed.

  For this screening test, a single identifiable asset is any asset or group of assets that

  would be recognised and measured as a single identifiable asset in a business

  combination. In addition, for this screening test, tangible assets that are attached to, and

  cannot be physically removed and used separately from, other tangible assets without

  Investment

  property

  1367

  incurring significant cost, or significant diminution in utility or fair value to either asset,

  should be considered a single identifiable asset.

  If this screening test indicates that an integrated set of activities and assets is not a

  business, then an entity would not have to evaluate the other guidance included in the

  definition of a business. This is discussed further in Chapter 9 at 3.

  The Exposure Draft also proposed a number of examples to IFRS 3 to assist with the

  interpretation of what is considered a business. These include examples relating to the

  acquisition of investment properties.

  One of the proposed examples describes an entity that purchases a multi-tenant

  corporate office park with six 10-storey office buildings that are fully leased. The

  acquired set of activities and assets includes the land, buildings, leases and contracts for

  outsourced cleaning and security. No employees, other assets, or other activities are

  transferred. The contracts for outsourced cleaning and security are ancillary and have a

  fair value of nil.

  After considering the guidance proposed in the Exposure Draft as described above, the

  entity concludes that:

  (a) the buildings and the land are considered as a single asset for the purpose of

  assessing the concentration of fair value because, although they are different

  classes of tangible assets, the buildings are attached to the land and cannot be

  removed without incurring significant cost;

  (b) the building and the leases are considered as a single asset, because they would be

  recognised and measured as a single identifiable asset in a business combination in

  line with paragraph B42 of IFRS 3;

  (c) the group of six 10-storey office buildings is a group of similar assets (all office

  buildings); and

  (d) the fair value associated with the acquired contracts for cleaning and security is nil.

  Consequently, the fair value of the gross assets acquired is concentrated in a group of

  similar assets and so the set of activities and assets purchased is not a business.6

  A second example assumes the same facts as in the example above except that the

  purchased set of activities and assets includes the employees responsible for

  leasing, tenant management, and managing and supervising all operational

  processes and the purchase price is significantly higher because of the employees

  and processes acquired.

  In these circumstances, the entity concludes that there is significant fair value associated

  with the acquired workforce, i.e. the fair value of the gross assets purchased is not

  concentrated in a group of similar identifiable assets. The set of activities and assets has

  outputs as it generates revenues through the in-place leases. Consequently, the entity

  will need to apply the criteria in the other proposed guidance included in the definition

  of a business to determine whether the set includes both an input and a substantive

  process. See Chapter 9 at 3 for detailed discussion.

  In this specific example in the Exposure Draft, the entity concludes that the set of

  activities and assets acquired is a business because the set includes an organised

  workforce that performs processes (i.e. leasing, tenant management and supervision of

  1368 Chapter 19

  the operational processes) critical to the ability to continue producing outputs when

  applied to the acquired inputs (i.e. the land, buildings, and in-place leases).7

  In its April 2017 meeting the IASB discussed the comments received on the Exposure

  Draft particularly relating to the screening test (as described above) and tentatively

  decided to:

  • make the screening test optional on a transaction-by-transaction basis. Thus an

  entity could on a transaction-by-transaction basis elect to bypass the screening test

  and assess directly whether a substantive process has been acquired;

  • confirm that the screening test
is determinative. This means that if an entity has

  carried out the screening test and concluded that a concentration exists, the entity

  should treat the transaction as an asset purchase. There is no further assessment

  that might change that conclusion. If no concentration exists, the entity then

  should assess whether it has acquired a substantive process;

  • specify that the gross assets considered in the screening test exclude: i) goodwill

  resulting from the effects of deferred tax liabilities, and ii) deferred tax assets;

  • clarify that guidance on ‘a single asset’ for the screening test also applies when one

  of the acquired assets is a right-of-use asset, as described in IFRS 16 (for example

  leasehold land and the building on it are a single asset for the screening test);

  • clarify that when assessing whether assets are ‘similar’ for the screening test, an

  entity should consider the nature of each single asset and the risks associated with

  managing and creating outputs from the assets; and

  • clarify that the new guidance on what assets may be considered a single asset or a

  group of similar assets is not intended to modify the existing guidance on similar

  assets in paragraph 36 of IAS 38 – Intangible Assets – and the term ‘class’ in IAS 16,

  IAS 38 and IFRS 7 – Financial Instruments: Disclosures.8

  The IASB subsequently continued discussing the comments received on various

  aspects of the Exposure Draft and, in its June 2017 and October 2017 meetings,

  tentatively decided to reaffirm a number of items already included in the Exposure

  Draft and clarify certain principles used. In its October 2017 meeting, the IASB also

  specifies that the gross assets considered in the screening test (as describe above)

  exclude cash and cash equivalents acquired.9 See Chapter 9 at 3.2.6 for detailed

  discussion of these updates.

  4 INITIAL

  MEASUREMENT

  4.1 Attributable

  costs

  IAS 40 requires an owned investment property to be measured initially at cost, which

  includes transaction costs. [IAS 40.20]. If a property is purchased, cost means purchase

  price and any directly attributable expenditure such as professional fees, property

  transfer taxes and other transaction costs. [IAS 40.21].

 

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