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IFRIC 21 Levies
In this issue:
1. Introduction ............................................................................... 3
2. Scope of IFRIC 21
IFRIC 21 was developed to address concerns over the timing of recognition for
When determining
government-imposed levies in which the obligation to pay a government levy
whether a payment is in
depended on participation in a particular market on a specified date. However,
the scope of IFRIC 21, it is
the definition of levy in IFRIC 21 has resulted in the scope of the interpretation
not the use of the term
being broader than entities might have expected.
‘levy’, but the nature of
the payment that should The term ‘levy’ may not be widely used across jurisdictions, and may be
be considered. referred to as a charge, duty, tax, etc. However, it is not the terminology, but
the nature of the payment, that should be considered when determining if it is
in the scope of IFRIC 21. Entities need to be cautious about deciding to apply
IFRIC 21 to an arrangement before conducting a thorough assessment of the
specific facts and circumstances.
Question 2.1 - Does IFRIC include only liabilities under IAS 37?
No. IFRIC 21.2 clarifies that both levies that give rise to a liability under
IAS 37, and levies whose timing and amounts are certain are within scope of
the interpretation.Therefore, the scope of IFRIC 21 is broader than IAS 37 and
includes both obligations under IAS 37, where the liability is of uncertain
timing or amount and other non-contractual liabilities imposed by government
that are not under IAS 37, because the legislation establishes a certain timing
and amount for the levy. For example, a non-refundable fixed fee imposed by
government payable at a specific date may be a levy within the scope of
IFRIC 21.
However, IFRIC 21.4(a) is clear that it does not apply to liabilities that are
within the scope of other standards, including those addressed by
IAS 19 Employee Benefits3 and contractual obligations of certain timing and
amount that are financial liabilities within scope of IAS 39 Financial
Instruments: Recognition and Measurement. In addition, 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 (see IFRIC 21.BC4)
and therefore such taxes may be within the scope of IFRIC 21.
3 IAS 19.8 defines employee benefits as ‘all forms of consideration given by an entity in exchange
for service rendered by employees or for the termination of employment’.
Question 2.4 - What are some other examples of payments that may
be in scope of IFRIC 21?
Some of the legislation can be quite complex, so entities need to carefully
analyse the specific facts and circumstances in accordance with the
definition of ‘levy’ in IFRIC 21. However, where entities are making payments
for any of the following items, it may be necessary to assess for any potential
IFRIC 21 impacts:
• Taxes other than income taxes, e.g., property tax5, land tax, capital-based
tax, etc.
• Certain fees, concessions, contributions or royalties fees imposed on
industries which are regulated by the government6, e.g.,
telecommunications, mining, airline, banking, insurance, dairy produce,
energy and natural resources, etc.
• Transaction taxes based on activity in a specified market e.g., banking,
insurance, etc.
4 IAS 12.2 indicates that income taxes include all domestic and foreign taxes that are based on
taxable profits. Income taxes also include taxes, such as withholding taxes, that are payable by a
subsidiary, associate or joint arrangement on distributions to the reporting entity.
5 Also see question 2.5 and section 5 of this publication.
6 Also see question 2.5 of this publication.
How we see it
We believe the interpretation will reduce previous diversity in practice.
However, given the broad scope of IFRIC 21, entities should carefully
consider all payments imposed by governments in accordance with
legislation and assess for any impact on their financial statements.
7 Please also see section 5 on the potential impact on interim financial reports.
Specified formula – If the Under the legislation, the 12-month period which
legislation prescribes that the rolling average of the gross profit would be
the levy is calculated based based on relates to the preceding 12 months,
on a specified formula that for example:
does not match the actual
30 June 20x1 – 1 July 20x0 to 30 June 20x1
activity for the period.
31 July 20x1 – 1 August 20x0 to 31 July 20x1
Take for example, where a
calendar year-end entity 31 December 20x1 – 1 January 20x1 to
has to pay a monthly levy 31 December 20x1
based on 0.1% of a
Period 12 month Liability to
12-month rolling average rolling average be recognised
of a specified performance (CU) (CU)
1 July 20x0 - 30 June
measure e.g., gross profit. 50 million 50,000
20x1
1 August 20x0 - 31 July
60 million 60,000
20x1
1 January 20x1 - 31
40 million 40,000
December 20x1
The examples above are not exhaustive. Entities should look out for any similar
features and assess them accordingly. In particular, where there are complex
formulae or features unique to the recognition and measurement of the levy
liability, entities will need to ensure that adequate accounting records are
maintained to support the calculations of these levies.
8 Transactions in which the entity paying the levy does not receive any specific asset or services in
exchange for the payment.
9 IAS 38.8 where asset is defined as a resource: (a) controlled by an entity as a result of past
events; and (b) from which future economic benefits are expected to flow to the entity.
5. Interim reporting
IFRIC 21 clarifies that the same recognition principles should be applied in the
The same recognition interim financial statements. Therefore, a liability should not be anticipated if
principles should be there is no present obligation to pay the levy at the end of the interim reporting
applied in the interim period. This means that the entity does not accrue a proportion of the annual
financial statements. amount that it expects to be liable for over the year, or otherwise allocate it to
the interim periods. Similarly, a liability (or part of a liability) should not be
deferred if a present obligation to pay the levy exists at the end of the interim
period.
Question 5.1 - How do you account for a levy that is triggered in full
as soon as the entity generates revenue and when is the liability
recognised?
An entity has a calendar year end. In accordance with legislation, a levy is
triggered in full as soon as the entity generates revenue in 20x2. The amount
of the levy is determined by reference to revenue generated by the entity in
20x1. The entity generated revenue in 20x1 and starts to generate revenue in
20x2 on 3 January 20x2.
Answer:
In this example, the liability is recognised in full on 3 January 20x2 because
the obligating event, as identified by the legislation, is the first generation of
revenue in 20x2. The generation of revenue in 20x1 is necessary, but not
sufficient, to create a present obligation to pay a levy. Before 3 January 20x2,
the entity has no obligation. In other words, the activity that triggers the
payment of the levy as identified by the legislation is the first generation of
revenue at a point in time in 20x2.
The generation of revenues in 20x1 is not the activity that triggers the
payment of the levy. The amount of revenue generated in 20x1 only affects
the measurement of the liability and the obligating event is still the generation
of revenue in 20X2.
In the interim financial report, because the liability arises in full on
3 January 20x2, the liability is recognised in full in the first interim period
of 20x2.
If an entity changes the way in which it recognises the levy liability on initial
application of IFRIC 21, it must consider whether the previous accounting was
appropriate under IAS 37. IFRIC 21 was issued as a result of the IASB
acknowledging that there was diversity in practice due to IAS 37 being
interpreted differently across industries, jurisdictions and entities. As such, it is
not expected that a change in policy on initial application of IFRIC 21 represents
a correction of error. Therefore, the effect of initial application of the
interpretation will generally be accounted for as a change in accounting policy
in accordance with IFRIC 21 Appendix A.A2 and IAS 8.14.
An example of the disclosures required upon adoption of IFRIC 21 is contained
in our publication, Good Group (International) Limited – Illustrative Interim
Condensed Consolidated Financial Statements for the period ended
30 June 201410.
10
Available at ey.com/ifrs
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