Service Concession agreement
In service concession
agreements operator agrees to render construction and maintenance services in return for a consideration of a fixed-amount(s)
and / or right-to-collect tolls. The concession agreement normally will have the following components:
- Rendering construction services (constructing new asset or restoring or upgrading an existing
asset);
- Rendering operation and maintenance services (ie maintaining an asset to a specified level of
serviceability)
- Restoration of asset to a specified condition before handing over to grantor..
The service concession
agreement would not normally specify consideration for each of the above component separately. Then, how does one identify
and value revenue for each component?
Further consideration
in service concession agreements can be in the form of:
- Fixed amounts to be paid during the period of concession agreement; and / or
- Right to collect user fee (for using the asset) from users
How do we relate the
consideration received above to various components of the service concession contract?
Guidance note on ‘Service concession agreements’ issued by ICAI which is based on IFRIC 12 gives answers
to the above questions. Guidance note requires costs and revenues for:
- Construction services to be accounted as per AS 7;
- Operation and maintenance services to be accounted as per AS 9; and
- Restoration of the asset to be accounted as per AS 29
One must have understood
from above that accounting for ‘Service concession agreements’ is quite complex. Apart from the requirements of
applying above referred ‘accounting standards’, there would be other AS 30 to be applied for financial asset recognized
and AS 26 to be applied for ‘intangible asset’ recognized. Further there is concept of ‘fair value’
that has to be understood if consideration is received as ‘financial asset’.
Accounting for concession
agreements can be discussed in two phases:
- Accounting during construction phase of the asset;
- Accounting post-construction ie during operation and maintenance of the asset
Accounting
during construction phase of the asset:
Costs and revenues
for construction services are recognsied in profit and loss account by reference to the stage of completion of contract at
the reporting date. Normally costs can be easily identified and recognized in accounts for the period.
How does one identify
and value ‘revenues’, to match the costs recognized for the period?
Guidance note states
the revenues should be recognized at its ‘fair value’. What would be the fair value of revenues / consideration?
The ‘fair value of the consideration’ would be the “costs to build asset plus normal profit margins (expected
from a construction contract for a similar asset)”.
Accounting of consideration
would be:
Revenues
(P&L)
Cr (Costs + normal proft margins)
Receivable / Intangible
asset (BS)
Dr
If consideration is received in the form of “fixed amounts”, then the “receivable” would
fall within the definition of “financial asset” as defined by AS 30. Thus to extent consideration is receivable
by way of ‘fixed amount(s) (ie cash or any other financial asset)’ from the grantor a ‘financial asset’
is recognized in accordance with AS 30, 31 and 32.
If a ‘financial
asset’ is recognized, AS 30 requires ‘interest-revenue’ using effective interest method (on balance due
at end of the period) to be recognized in the profit and loss account.
If consideration is
received in the form of “right-to-charge-tolls/user-fee”, then the receivable would fall within the definition
of ‘intangible asset’ as defined by AS 26. Thus the consideration to the extent receivable in the form “right-to-charge-tolls/user-fee”
would be accounted as per AS 26.
If the operator has
borrowed moneys to build the asset, how to treat the interest costs on borrowings?
If we look at AS 16
it states borrowing costs can be capitalized to the extent they are attributable to construction of a ‘qualifying asset’.
‘Financial asset’ would not be a qualifying asset, thus interest costs would be charged to profit and loss account
in the period in which they are incurred. Whereas ‘intangible asset’ would be a qualifying asset and thus interest
costs during construction period would be capitalsed by adding to ‘value of intangible asset’.
Accounting
during post-construction phase of the asset:
Operator shall account
for revenues and costs relating to the operation services to be accounted as per AS 9
Costs can be clearly
identified and charged to proft and loss account for the period. How does one identify and value ‘revenues’ from
operation services?
If consideration is
receivable in the form of ‘financial asset’, revenues would be recognized at ‘fair value of consideration’
receivable in profit and loss account.
What would be ‘fair
value of consideration’? It would be – costs of operations services + normal profit margins (receivable if it
is only a maintenance contract).
If a ‘financial
asset’ has been recognized, in accordance with AS 30 ‘interest revenue’ (at effective interest rate on balance
due) would be recoginsed in the profit and loss account.
If consideration is
receivable in the form of ‘intangible asset’, revenues can be clearly identified in form of ‘toll / user-fee’
collected from users of the asset. Thus actual toll collections for the period would be revenues for the period.
During construction-phase
of asset, if consideration-receivable was ‘right-to-collect-tolls’, an ‘intangible asset’ was recognized.
This asset would be amortised over the period in which the operator has the right to charge tolls. Thus against ‘toll
revenues’ recognized matching costs would be amortisation of intangible asset in profit and loss account.
Accounting
for restoration of asset to a specified level before handing over
Operator my have contractual
obligations to maintain the asset to a specified level of serviceability or restore asset to a specified condition at the
time of handing over. Such contractual obligations would be recognized in accordance with AS 29 ie at the best estimate of
the expenditure required to settle the present obligation at the balance sheet date.
If consideration is
a ‘financial asset’, the costs of above obligations and matching revenue would be recognized in the year in which
costs are actually incurred. Costs would be measured on actual basis.
How does one measure
matching consideration / revenue? Consideration would be the fair value of consideration receivable. Fair value of consideration
receivable (ie value of financial asset) = costs of restoration services + normal profit margins (receivable if it is only
a restoration contract)
If consideration is
received as ‘intangible asset’, the costs of above obligations proportionately would be recognized from the year
the revenue is recognized. Thus from the year ‘toll revenues’ are recognized, costs (of the above obligation)
are recognized proportionately. The principle of ‘best estimate of the expenditure required to settle the present obligation
at the balance sheet date’ is applied.
Disclosure
requirements
The Guidance note
requires extensive disclosure requirements with regards to;
- All material aspects of ‘Service concession agreement’
- Amount of revenue in form of ‘financial asset or intangible asset’ recognized in
exchange for construction services
- Financial asset recognized as per AS 30
- Methods and assumptions used in determining the fair value of assets / liabilities.
Conclusion
Service concession
contracts are rarely as simple as depicted above in the article. The article only attempts at discussing basic concepts; and
practical application would require a careful study of the contract, guidance note and calls for careful professional judgment.
We should be seeing
extensive use of PPP contracts in coming years as Indian economy picks up its growth rate, which would call for an expert
knowledge of accounting concepts discussed above. One can refer financial statements, prepared in accordance with IFRS, of
‘Noida Toll Bridge’ for a model application of the above discussed principles.