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

Page 254

by International GAAP 2019 (pdf)


  should treat acquired emission rights in the same way as purchased emission rights

  (see 11.2.2 above). An acquirer that applies IFRIC 3 or the ‘government grant’ approach

  would recognise acquired emission rights at their fair value, but cannot recognise a

  deferred credit for a ‘government grant’ as it acquired the emission rights by way of a

  business combination.

  Consequently, an acquirer may report a higher emission expense in its statement of

  profit or loss in the compliance period in which it acquires a business.

  11.2.6

  Sale of emission rights

  The sale of emission rights that are accounted for as intangible assets should be

  recognised in accordance with IAS 38. This means that they should be derecognised on

  disposal or when no future economic benefits are expected from their use or disposal.

  [IAS 38.112]. The gain or loss arising from derecognition of the emission rights should be

  determined as the difference between the net disposal proceeds and the carrying

  amount of emission rights. [IAS 38.113].

  Prior to the sale the entity may not have recognised the obligation, to deliver allowances

  equal to the emissions caused, at its fair value at the date of derecognition. If that were

  the case then the entity would need to ensure that the liability in excess of the emission

  rights held by the company after the sale is recognised at the present fair value of the

  emission rights.

  Both the gain or loss on the derecognition of the emission rights and the adjustment of

  the liability should be recognised when the emission rights are derecognised. Any gain

  should not be classified as revenue. [IAS 38.113].

  If an entity that applies the ‘net liability’ approach were to sell all its emission rights at

  the start of the compliance period, it would not be permitted to defer the gain on that

  sale even if it was certain that the entity would need to repurchase emission rights later

  in the year to cover actual emissions. A gain is recognised immediately on the sale and

  a provision is recognised as gases are emitted.

  If an entity enters into a forward contract to sell an emission right, it may be acting

  effectively as a broker-trader. The entity should determine whether the contract is a

  derivative within the scope of IFRS 9 by applying the requirements in that Standard (see

  Chapter 42).

  11.2.7

  Accounting for emission rights by brokers and traders

  IFRIC 3 did not address accounting by brokers and traders that are not themselves

  participants in a cap and trade scheme. However, they hold emission rights as assets

  held for sale in the ordinary course of business, which means that they meet the

  definition of inventories in IAS 2. [IAS 2.6]. Under that standard a broker-trader may

  choose between measuring emission rights at the lower of cost and net realisable value

  or at fair value less costs to sell. Commodity broker-traders who measure their

  inventories at fair value less costs to sell may recognise changes in fair value less costs

  to sell in profit or loss in the period of the change. [IAS 2.3].

  Intangible

  assets

  1285

  When a company trades derivatives based on the emission rights, they fall within the

  scope of IFRS 9 and are accounted for at fair value through profit or loss unless they

  hedge the fair value of the emission rights granted to the company or qualify for the

  ‘own use exemption’. [IFRS 9.2.4].

  When an entity holds emission rights for own use and also has a trading department

  trading in emission rights, the company should split the books between emission rights

  held for own use and those held for trading. The emission rights should be treated as

  intangible assets and inventory respectively. This is illustrated in Extract 17.13 above.

  11.3 Accounting for green certificates or renewable energy

  certificates

  Some governments have launched schemes to promote power production from

  renewable sources, based on green certificates, renewable energy certificates, green

  tags or tradable renewable certificates. There are similarities between green certificates

  and emission rights, except that whilst emission rights are granted to reflect a future

  limit on emissions, green certificates are awarded on the basis of the amount of green

  energy already produced.

  In a typical scheme, producers of electricity are granted certificates by the government

  based on the power output (kWh) derived from renewable sources. Entities distributing

  electricity (produced from both renewable and traditional sources) are required to hand

  over to the government a number of certificates based on the total kWh of electricity

  sold to consumers during the year, or pay a penalty to the extent that an insufficient

  number of certificates is rendered. It is this requirement that creates a valuable market

  for the certificates, allowing producers to sell their certificates to distributors, using the

  income to subsidise in effect the higher cost of generation from renewable sources.

  11.3.1

  Accounting by producers using renewable energy sources

  As in the case of emission rights, the award of green certificates is treated as a

  government grant by a producer. An intangible asset representing an entitlement to that

  grant is recognised at the point in time when the green electricity is produced. As with

  any government grant, the entitlement is initially measured at either fair value or a

  nominal amount, depending on the entity’s chosen policy. [IAS 20.23].

  Where the entitlement asset is initially recognised at fair value, a credit entry is recorded

  in the statement of profit or loss as either a reduction in production costs for the period

  (on the basis that the purpose of the grant is to compensate the producer for the higher

  cost of using renewable energy sources) or as other income, but not as revenue. [IAS 20.29].

  Subsequent revaluation of the intangible asset is only allowed if an active market exists

  for the green certificates, and the other requirements of IAS 38 are applied (see 8.2 above).

  The intangible is derecognised when the certificate is sold by the producer.

  11.3.2

  Accounting by distributors of renewable energy

  When the distributor is also a producer of renewable energy, it has the option to use

  certificates granted to it or to sell them in the market. Accordingly, the permissible

  accounting treatments of green certificates are in principle the same as those for

  emission rights discussed at 11.2 above. The distributor is obliged to remit certificates

  1286 Chapter 17

  and therefore recognises a provision as sales are recorded (in the same way that a

  provision for emission rights is recognised as emissions are made). The distributor might

  apply a ‘net liability’ approach, discussed at 11.2.2 above, and only start to recognise a

  provision once it has achieved a level of sales exceeding that covered by certificates

  granted to the entity in its capacity as a producer.

  If a distributor is not also a producer of renewable energy, it recognises a provision as

  sales are made, measured at the fair value of green certificates to be remitted. A

  corresponding cost is included in cost of sales. The provision is remeasured to fair value
<
br />   at each reporting date. If the entity purchases certificates in the market, they are

  recognised as an intangible asset and initially measured at cost. Subsequent revaluation

  is only allowed if an active market exists for the green certificates, and the other

  requirements of IAS 38 are applied (see 8.2 above).

  Alternatively, as discussed in Example 17.19 at 11.2.2 above, the asset held may be

  designated by management as a reimbursement right in respect of the associated liability,

  allowing remeasurement to fair value. Similarly, the entity could apply a carrying value

  method, measuring the provision based on the value and extent of certificates already

  held and applying fair value only to the extent that it has an obligation to make further

  purchases in the market or to incur a penalty if it fails to do so.

  11.3.3

  Accounting by brokers and traders

  As discussed at 11.2.7 above, brokers and traders should apply IAS 2 where green

  certificates are held for sale in the ordinary course of business; account for derivatives

  based on green certificates in accordance with IFRS 9; and properly distinguish those

  held for own use (carried within intangible assets) from certificates held for trading

  (included in inventory).

  11.4 Accounting for REACH costs

  The European Regulation18 concerning the Registration, Evaluation, Authorisation and

  Restriction of Chemicals (REACH) came into force on 1 June 2007. The regulation

  requires manufacturers or importers of substances to register them with a central

  European Chemicals Agency (ECHA). An entity will not be able to manufacture or

  supply unregistered substances. As a consequence, entities will incur different types of

  costs, such as:

  • costs of identifying the substances that need to be registered;

  • testing and other data collection costs, including outsourcing services from

  external laboratories, costs of tests in own laboratories – testing materials, labour

  costs and related overheads;

  • registration fees payable to ECHA; and

  • legal fees.

  These costs may be part of the development of a new manufacturing process or product,

  or in the use of a new chemical in an existing manufacturing process or product. They

  might be incurred solely by an entity or shared with other entities (clients, partners or

  even competitors). Under the REACH legislation, cost sharing might be achieved by the

  submission of a joint registration (whereby testing and other data collection costs are

  Intangible

  assets

  1287

  shared before the registration is filed) or by reimbursement (whereby an entity pays an

  existing registrant for access to the registration and testing data used in its earlier

  application for registration). Accordingly, questions arise as to whether such costs

  should be capitalised or recognised as an expense and, if capitalised, on what basis the

  related intangible asset should be amortised.

  In our view, a registration under the REACH regulation is an intangible asset as defined

  by IAS 38. [IAS 38.8]. As it gives rise to a legal right, the registration is identifiable. [IAS 38.12(b)].

  Because a registration cannot be arbitrarily withdrawn and also establishes intellectual

  property rights over the data used in the application for registration, a resource is

  controlled. [IAS 38.13]. The future economic benefits relating to the registration arise from

  either the right to reimbursement for the use by others of data supporting the entity’s

  earlier application; or from the revenues to be earned and cost savings to be achieved by

  the entity from the use of registered substances in its business activities. [IAS 38.17].

  The appropriate accounting treatment under IAS 38 depends upon whether the

  required data is collected by the entity or acquired from an existing registrant and on

  whether the registration being completed is for a substance already used in an existing

  process or product (an existing substance) or intended to be used for the first time or in

  a new process or product (a new substance). The flow chart below demonstrates how

  these different features interact with the requirements of IAS 38.

  Has the Entity

  incurred costs for ‘acquiring’

  no

  test data for registration purposes

  yes

  (rather than having performed

  the tests itself)?

  new

  Is the Entity

  existing

  substance

  registering a ‘new

  substance

  substance’ or an existing

  substance?

  View 2:

  Capitalise costs

  Capitalise costs

  as development

  View 1:

  Capitalise costs

  as development

  costs if

  Expense as

  as separately

  costs if

  IAS 38.57

  incurred

  acquired asset

  IAS 38.57

  criteria are met

  (11.4.3)

  (11.4.2)

  criteria are met

  (11.4.1)

  (11.4.3)

  11.4.1

  Costs of registering a new substance performed by the entity itself

  If the entity itself incurs REACH costs, these activities meet the definition of

  development in IAS 38. [IAS 38.8]. Accordingly, the entity must also meet the rigorous

  rules in the standard described at 6.2.2 above which confirm that the related

  1288 Chapter 17

  development project is at a sufficiently advanced stage, is economically viable and

  includes only directly attributable costs. [IAS 38.57].

  Costs of identifying the substances that need to be registered would have to be recognised

  as an expense when incurred, as this activity is regarded as research. [IAS 38.56].

  11.4.2

  Costs of acquiring test data from an existing registrant

  An entity may acquire test data from an existing registrant that has already been used

  by it in its earlier application for registration. These costs should be capitalised as a

  separately acquired intangible asset (see 4 above).

  11.4.3

  Costs of registering an existing substance performed by the entity

  itself

  In this case two alternative treatments are acceptable. If the costs of obtaining a REACH

  registration for existing substances used in existing processes are regarded as subsequent

  expenditure on an existing intangible asset, the related costs should be recognised as an

  expense as incurred, [IAS 38.20], (see 3.3 above). As unregistered substances will no longer be

  available for use, this might indicate that the registration maintains the economic benefits

  associated with the related production process or product and does not improve it.

  Alternatively, it could be argued that the cost of registering existing substances should

  be regarded as no different to the cost of registering a new product. Accordingly, for the

  reasons noted at 11.4.1 above, such costs should be capitalised as an internally generated

  intangible asset.

  11.5 Crypto-assets

  At the time of writing, nearly 1,700 different crypto-coins and tokens were traded or

  listed on various crypto exchanges.19

  Some crypto-assets entitle
the holder to an underlying good or service from an

  identifiable counterparty. For example, some crypto-assets entitle the holder to a fixed

  weight of gold from a custodian bank. In those cases, the holder is able to obtain

  economic benefits by redeeming the crypto-asset for the underlying. While not money

  as such, these crypto-assets share many characteristics with representative money.

  Other crypto-assets (e.g. Bitcoin) do not entitle the holder to an underlying good or

  service and have no identifiable counterparty. The holder of such a crypto-asset has to

  find a willing buyer that will accept the crypto-asset in exchange for cash, goods or

  services in order to realise the economic benefits from the crypto-asset.

  Crypto-assets have different terms and conditions and the purpose for holding them

  differs among holders. Hence, holders of a crypto-asset will need to evaluate their own

  facts and circumstances in order to determine which accounting classification and

  measurement under current IFRS should be applied. Depending on the standard, the

  holder may also need to assess its business model in order to determine the appropriate

  classification and measurement.

  Crypto-assets generally meet the relatively wide definition of an intangible asset, as they

  are identifiable, lack physical substance, are controlled by the holder and give rise to

  future economic benefits for the holder.

  Intangible

  assets

  1289

  11.5.1

  Crypto-assets – Recognition and initial measurement

  Crypto-assets that meet the definition of an intangible asset and are being accounted

  for under IAS 38 are only recognised if it is probable that future economic benefits will

  flow to the entity and its cost can be measured reliably (see 3.1 above). Separately

  acquired intangible assets will normally be recognised, as IAS 38 assumes that the

  acquisition price reflects the expectation about future economic benefits. Thus, an

  entity always expects future economic benefits, for these intangibles, even if there is

  uncertainty about the timing or amount (See 4.1 above).

  Crypto-assets that meet the definition of an intangible asset and are being accounted

  for under IAS 38 are initially measured at cost (see 3.2 above).

  The cost of acquiring crypto-assets would typically include the purchase price (after

  deducting trade discounts and rebates if any) and the related transaction costs, which

 

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