obligation. In other words, the activity that triggers the payment of the levy as identified by the legislation is
   the first generation of revenues at a point in time in 2018. The generation of revenues in 2018 is not the
   activity that triggers the payment of the levy. The amount of revenues generated in 2018 only affects the
   measurement of the liability. [IFRIC 21.IE1 Example 2].
   The table below summarises the illustrative examples that accompany IFRIC 21, which
   provide guidelines on how to account for the timing of the recognition for the various
   types of levies: [IFRIC 21.IE1]
   Provisions, contingent liabilities and contingent assets 1939
   Illustrative examples
   Obligating event
   Recognition of liability
   Levy triggered
   Generation of revenue Recognise progressively.
   progressively as revenue in the specified period. A liability must be recognised
   is generated in a
   progressively because, at any point
   specified period.
   in time during the specified period,
   the entity has a present obligation
   to pay a levy on revenues
   generated to date.
   Levy triggered in full as
   First generation of
   Full recognition at that point in time.
   soon as revenue is
   revenue in subsequent Where an entity generates revenue
   generated in one period, period.
   in one period, which serves as the
   based on revenues from
   basis for measuring the amount of
   a previous period.
   the levy, the entity does not
   become liable for the levy, and
   therefore cannot recognise a
   liability, until it first starts
   generating revenue in the
   subsequent period.
   Levy triggered in full if
   Operating as a bank at Full recognition at the end of the
   the entity operates as a
   the end of the
   annual reporting period.
   bank at the end of the
   reporting period.
   Before the end of the annual
   annual reporting period.
   reporting period, the entity has no
   present obligation to pay a levy,
   even if it is economically
   compelled to continue operating as
   a bank in the future. The liability is
   recognised only at the end of the
   annual reporting period.
   Levy triggered if
   Reaching the specified Recognise an amount consistent with
   revenues are above a
   minimum threshold.
   the obligation at that point of time.
   minimum specified
   A liability is recognised only at the
   threshold (e.g. when a
   point that the specified minimum
   certain level of revenue
   threshold is reached. For example, a
   has been achieved)
   levy is triggered when an entity
   generates revenues above specified
   thresholds: 0% for the first
   $50 million and 2% above
   $50 million.
   In this example, no liability is
   accrued until the entity’s revenues
   reach the revenue threshold of
   $50 million.
   1940 Chapter 27
   As set out in the table above, when a levy is triggered progressively, for example, as the
   entity generates revenues, the entity recognises a liability over the period of time on
   that basis. Some examples of progressive-type levies are set out below.
   Example 27.21: Recognising a liability for levies that are triggered progressively
   Scenario 1: Minimums
   The legislation prescribes that no levy is triggered until revenues reach a certain threshold. There is a 0% tax
   rate on revenues until they reach $50 million, with a payment of 2% of revenues in excess of that amount.
   For an entity that earns $49 million as at 30 June 2019, $51million as at 31 July 2019 and $100 million as at
   31 December 2019, the following liabilities should be recognised:
   30 June 2019 – No provision is recognised;
   31 July 2019 – $20,000 provision is recognised (2% × $1 million); and
   31 December 2019 – $1 million provision is recognised (2% × $50 million).
   Scenario 2: Progressive tax rates
   The legislation prescribes that the tax rate is escalating. There is a 2% tax rate on the first $50 million in
   revenues and 3% for revenues in excess of $50 million.
   For an entity that earns $49 million as at 30 June 2019, $51million as at 31 July 2019 and $100 million as at
   31 December 2019, the following liabilities should be recognised:
   30 June 2019 – $980,000 provision is recognised (2% × $49 million);
   31 July 2019 – $1,030,000 provision is recognised ((2% × $50 million) + (3% × $1 million)); and
   31 December 2019 – $2.5 million provision is recognised ((2% × $50 million) + (3% × $50 million)).
   Scenario 3: Specified formula
   The legislation prescribes that the levy is calculated based on a specified formula that does not match the
   actual activity for the period. A calendar year-end entity has to pay a monthly levy based on 0.1% of a 12-
   month rolling average of gross profit.
   Under the legislation, the 12-month period which the rolling average of the gross profit would be based on
   relates to the preceding 12 months, for example:
   12 month rolling
   Liability to be
   Date
   Preceding 12 months
   average ($)
   recognised ($)
   30 June 2019
   1 July 2018 – 30 June 2019
   50 million
   50,000
   31 July 2019
   1 August 2018 – 31 July 2019
   60 million
   60,000
   31 December 2019
   1 January 2019 – 31 December 2019 40 million
   40,000
   When the legislation provides that a levy is triggered by an entity operating in a market
   only at the end of its annual reporting period, no liability is recognised until the last day
   of the annual reporting period. No amount is recognised before that date in anticipation
   of the entity still operating in the market. Accordingly, a provision would not be
   permitted to be recognised in interim financial statements if the obligating event occurs
   only at the end of the annual reporting period. [IFRIC 21.IE1 Example 3]. The accounting
   treatment in interim reports is discussed in Chapter 37 at 9.7.5.
   6.8.3
   Recognition of an asset or expense when a levy is recorded
   IFRIC 21 only provides guidance on when to recognise a liability, which is the credit
   side of the journal entry. The interpretation specifically states that it does not address
   Provisions, contingent liabilities and contingent assets 1941
   whether the debit side of the journal entry is an asset or an expense, [IFRIC 21.3], except
   in the case of prepaid levies. [IFRIC 21.14].
   Prepayments may be fairly common in arrangements in which the legislation requires
   entities to pay levies in advance and where the obligating events for these levies are
   progressive. For example, property taxes that are paid in advance at a specified date
   (e.g. 1 January) for an obligating event that relates to future periods (e.g. 1 January to
   31 December). In such instances, the entity would recognise the prepaid levy as an a
sset.
   [IFRIC 21.14]. In this scenario, the prepaid levy would then be amortised over the period.
   Aside from prepaid levies, there are also instances when the assessment of expensing
   the liability or recognising a corresponding asset requires the application of other
   standards, such as IAS 2, IAS 16 or IAS 38. Given that levies are imposed by government
   and arise from non-exchange transactions, there would not typically be a clear linkage
   to future economic benefits. Consequentially, if the incurrence of the liability does not
   give rise to an identifiable future economic benefit to the entity, the recognition of an
   asset would be inappropriate as the definition of an asset would not be met. In such
   cases, the debit side would therefore be to an expense account.
   In the case where asset recognition is appropriate under other IFRS standards, levies
   are generally not expected to give rise to a stand-alone asset in its own right, given that
   payments for the acquisition of goods or services are scoped out of IFRIC 21. [IFRIC 21.5].
   However, a levy may form part of the acquisition costs of some other asset, provided it
   meets the asset recognition criteria in other IFRS standards. For example, an entity may
   be required to pay an import duty to the government under legislation for any large
   cargo trucks purchased from overseas. The entity uses the large cargo trucks as part of
   their operations to transport their goods to customers locally and therefore capitalises
   the trucks as part of property, plant and equipment under IAS 16. The import duty that
   is payable under the legislation may give rise to an IFRIC 21 levy, which would also be
   capitalised as part of the cost of the asset. [IAS 16.16(a)].
   6.8.4
   Payments relating to taxes other than income tax
   As discussed at 6.8.1 above, IFRIC 21 does not apply to income taxes in scope of IAS 12.
   However, the Interpretations Committee concluded in 2006 that any taxes not within
   the scope of other standards (such as IAS 12) are within the scope of IAS 37. Therefore
   such taxes may be within the scope of IFRIC 21. [IFRIC 21.BC4].
   In 2018, the Interpretations Committee discussed a fact pattern where an entity is in
   dispute with a tax authority in respect of a tax other than income tax. The entity
   determines that it is probable that it does not have an obligation for the disputed amount
   and consequently, it does not recognise a liability applying IAS 37. The entity
   nonetheless pays the disputed amount to the tax authority, either voluntarily or because
   it is required to do so. The entity has no right to a refund of the amount before resolution
   of the dispute. Upon resolution, either the tax authority returns the payment to the
   entity (if the outcome of the dispute is favourable to the entity) or the payment is used
   to settle the tax liability (if the outcome of the dispute is unfavourable to the entity).
   In March 2018, the Interpretations Committee observed that the payment made by the
   entity gives rise to an asset as defined in the Conceptual Framework that was in issue at
   the time. The Conceptual Framework (2010) defines an asset as a resource controlled
   1942 Chapter 27
   by the entity as a result of past events and from which future economic benefits are
   expected to flow to the entity. [CF(2010) 4.4(a)]. On making the payment, the entity has a
   right to receive future economic benefits either in the form of cash or by using the
   payment to settle the tax liability. The payment is not a contingent asset as defined in
   IAS 37 because it is an asset, and not a possible asset, of the entity. The entity therefore
   recognises an asset when it makes the payment to the tax authority.31
   Also in March 2018, the IASB issued a revised Conceptual Framework for Financial
   Reporting. The revised framework became effective immediately for the IASB and IFRS
   Interpretations Committee and is effective from 1 January 2020 for entities that use the
   Conceptual Framework to develop accounting policies when no IFRS standard applies to
   a particular transaction. Paragraph 4.3 of the revised Conceptual Framework defines an
   asset as a present economic resource controlled by the entity as a result of past events. In
   May 2018, the Interpretations Committee considered whether the new Conceptual
   Framework would change its observation that the payment made by the entity gives rise
   to an asset, and not a possible asset (contingent asset), of the entity. The Committee
   tentatively concluded that the new Conceptual Framework would not change its previous
   observation. The Committee also noted that this matter had raised questions about the role
   of the new Conceptual Framework and decided to consult the Board on these questions.32
   6.9
   Dilapidation and other provisions relating to leased assets
   As discussed at 5.2 above, it is not appropriate to recognise provisions that relate to
   repairs and maintenance of owned assets. However, the position can be different in the
   case of obligations relating to assets held under leases. Nevertheless, the same principles
   under IAS 37 apply:
   (a) provisions are recognised only for obligations existing independently of the entity’s
   future actions (i.e. the future conduct of its business) and in cases where an entity
   can avoid future expenditure by its future actions, for example by changing its
   method of operation, it has no present obligation; [IAS 37.19]
   (b) financial statements deal with an entity’s position at the end of the reporting period
   and not its possible position in the future. Therefore, no provision is recognised
   for costs that need to be incurred to operate in the future; [IAS 37.18] and
   (c) for an event to be an obligating event, the entity must have no realistic alternative
   to settling the obligation created by the event. [IAS 37.17].
   Leases often contain clauses which specify that the lessee should incur periodic charges
   for maintenance, make good dilapidations or other damage occurring during the rental
   period or return the asset to the configuration that existed as at inception of the lease.
   These contractual provisions may restrict the entity’s ability to change its future conduct
   to avoid the expenditure. For example, the entity might not be able to transfer the asset
   in its existing condition. Alternatively, the entity could return the asset to avoid the risk
   of incurring costs relating to any future damage, but would have to make a payment in
   relation of dilapidations incurred to date. So the contractual obligations in a lease could
   create an environment in which a present obligation could exist as at the reporting date
   from which the entity cannot realistically withdraw.
   Provisions, contingent liabilities and contingent assets 1943
   Under principle (b) above, any provision should reflect only the conditions as at the
   reporting date. This means that a provision for specific damage done to the leased asset
   would merit recognition, as the event giving rise to the obligation under the lease has
   certainly occurred. For example, if an entity has erected partitioning or internal walls in
   a leasehold property and under the lease these have to be removed at the end of the
   term, then provision should be made for this cost (on a discounted basis, if material) at
   the time of putting up the partitioning or the walls. In
 this case, an equivalent asset would
   be recognised and depreciated over the term of the lease. This is similar to a
   decommissioning provision discussed at 6.3 above. Another example would be where
   an airline company leases aircraft, and upon delivery of the aircraft has made changes
   to the interior fittings and layout, but under the leasing arrangements has to return the
   asset to the configuration that existed as at inception of the lease.
   What is less clear is whether a more general provision can be built up over time for
   maintenance charges and dilapidation costs in relation to a leased asset. It might be argued
   that in this case, the event giving rise to the obligation under the lease is simply the passage
   of time, and so a provision can be built up over time. However, in our view the phrase ‘the
   event giving rise to the obligation under the lease’ indicates that a more specific event has to
   occur; there has to be specific evidence of dilapidation etc. before any provision can be
   made. That is, it cannot be assumed that the condition of a leased asset has deteriorated
   simply because time has passed. However, in practice, it will often be the case that
   dilapidations do occur over time, in which case a dilapidations provision should be
   recognised as those dilapidations occur over the lease term. Example 27.12 at 5.2 above dealt
   with an owned aircraft that by law needs overhauling every three years, but no provision
   could be recognised for such costs. Instead, IAS 37 suggests that an amount equivalent to the
   expected maintenance costs is treated as a separate part of the asset and depreciated over
   three years. Airworthiness requirements for the airline industry are the same irrespective of
   whether the aircraft is owned or leased. So, if an airline company leases the aircraft, should
   a provision be made for the overhaul costs? The answer will depend on the terms of the lease.
   For an entity reporting under IAS 17 and leasing an aircraft under an operating lease, if the
   lease requires the lessee to maintain the airworthiness of the aircraft and to return the
   aircraft at the end of the lease in the same condition as it was taken at inception of the
   lease, i.e. the aircraft has to be overhauled prior to its return, then the lessee should make
   provision. In this case the overhaul of the aircraft is a contractual obligation under the
   
 
 International GAAP® 2019: Generally Accepted Accounting Practice under International Financial Reporting Standards Page 383