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IFRIC 12 Service Concession Arrangements

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IFRIC 12 Service Concession Arrangements

Service Concession Arrangements


In November 2006 the International Accounting Standards Board issued IFRIC 12 Service
Concession Arrangements. It was developed by the Interpretations Committee.
Other Standards have made minor consequential amendments to IFRIC 12. They include
IFRS 9 Financial Instruments (Hedge Accounting and amendments to IFRS 9, IFRS 7 and
IAS 39) (issued November 2013), IFRS 15 Revenue from Contracts with Customers (issued
May 2014), IFRS 9 Financial Instruments (issued July 2014), IFRS 16 Leases (issued January
2016) and Amendments to References to the Conceptual Framework in IFRS Standards (issued
March 2018).

IFRIC Interpretation 12 Service Concession Arrangements (IFRIC 12) is set out
in paragraphs 1–30 and Appendices A and B. IFRIC 12 is accompanied by information
notes, illustrative examples and a Basis for Conclusions. The scope and authority of
Interpretations are set out in the Preface to IFRS Standards.

IFRIC Interpretation 12
Service Concession Arrangements


References


• Framework for the Preparation and Presentation of Financial Statements1
• IFRS 1 First-time Adoption of International Financial Reporting Standards
• IFRS 7 Financial Instruments: Disclosures
• IFRS 9 Financial Instruments
• IFRS 15 Revenue from Contracts with Customers
• IFRS 16 Leases
• IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors
• IAS 16 Property, Plant and Equipment
• IAS 20 Accounting for Government Grants and Disclosure of Government Assistance
• IAS 23 Borrowing Costs
• IAS 32 Financial Instruments: Presentation
• IAS 36 Impairment of Assets
• IAS 37 Provisions, Contingent Liabilities and Contingent Assets
• IAS 38 Intangible Assets
• SIC-29 Service Concession Arrangements: Disclosures2


Background


In many countries, infrastructure for public services—such as roads, bridges,
tunnels, prisons, hospitals, airports, water distribution facilities, energy
supply and telecommunication networks—has traditionally been constructed,
operated and maintained by the public sector and financed through public
budget appropriation.
In some countries, governments have introduced contractual service
arrangements to attract private sector participation in the development,
financing, operation and maintenance of such infrastructure. The
infrastructure may already exist, or may be constructed during the period of
the service arrangement. An arrangement within the scope of this
Interpretation typically involves a private sector entity (an operator)
constructing the infrastructure used to provide the public service or
upgrading it (for example, by increasing its capacity) and operating and
maintaining that infrastructure for a specified period of time. The operator is

paid for its services over the period of the arrangement. The arrangement is
governed by a contract that sets out performance standards, mechanisms for
adjusting prices, and arrangements for arbitrating disputes. Such an
arrangement is often described as a ‘build-operate-transfer’, a
‘rehabilitate-operate-transfer’ or a ‘public-to-private’ service concession
arrangement.
A feature of these service arrangements is the public service nature of the
obligation undertaken by the operator. Public policy is for the services related
to the infrastructure to be provided to the public, irrespective of the identity
of the party that operates the services. The service arrangement contractually
obliges the operator to provide the services to the public on behalf of the
public sector entity. Other common features are:
(a) the party that grants the service arrangement (the grantor) is a public
sector entity, including a governmental body, or a private sector entity
to which the responsibility for the service has been devolved.
(b) the operator is responsible for at least some of the management of the
infrastructure and related services and does not merely act as an agent
on behalf of the grantor.
(c) the contract sets the initial prices to be levied by the operator and
regulates price revisions over the period of the service arrangement.
(d) the operator is obliged to hand over the infrastructure to the grantor
in a specified condition at the end of the period of the arrangement,
for little or no incremental consideration, irrespective of which party
initially financed it.

Scope


This Interpretation gives guidance on the accounting by operators for
public-to-private service concession arrangements.
This Interpretation applies to public-to-private service concession
arrangements if:
(a) the grantor controls or regulates what services the operator must
provide with the infrastructure, to whom it must provide them, and at
what price; and
(b) the grantor controls—through ownership, beneficial entitlement or
otherwise—any significant residual interest in the infrastructure at the
end of the term of the arrangement.
Infrastructure used in a public-to-private service concession arrangement for
its entire useful life (whole of life assets) is within the scope of this
Interpretation if the conditions in paragraph 5(a) are met. Paragraphs
AG1–AG8 provide guidance on determining whether, and to what extent,
public-to-private service concession arrangements are within the scope of this
Interpretation.

This Interpretation applies to both:
(a) infrastructure that the operator constructs or acquires from a third
party for the purpose of the service arrangement; and
(b) existing infrastructure to which the grantor gives the operator access
for the purpose of the service arrangement.
This Interpretation does not specify the accounting for infrastructure that was
held and recognised as property, plant and equipment by the operator before
entering the service arrangement. The derecognition requirements of IFRSs
(set out in IAS 16) apply to such infrastructure.
This Interpretation does not specify the accounting by grantors.


Issues


This Interpretation sets out general principles on recognising and measuring
the obligations and related rights in service concession arrangements.
Requirements for disclosing information about service concession
arrangements are in SIC-29. The issues addressed in this Interpretation are:
(a) treatment of the operator’s rights over the infrastructure;
(b) recognition and measurement of arrangement consideration;
(c) construction or upgrade services;
(d) operation services;
(e) borrowing costs;
(f) subsequent accounting treatment of a financial asset and an intangible
asset; and
(g) items provided to the operator by the grantor.


Consensus


Treatment of the operator’s rights over the infrastructure


Infrastructure within the scope of this Interpretation shall not be recognised
as property, plant and equipment of the operator because the contractual
service arrangement does not convey the right to control the use of the public
service infrastructure to the operator. The operator has access to operate the
infrastructure to provide the public service on behalf of the grantor in
accordance with the terms specified in the contract.

Recognition and measurement of arrangement
consideration


Under the terms of contractual arrangements within the scope of this
Interpretation, the operator acts as a service provider. The operator constructs
or upgrades infrastructure (construction or upgrade services) used to provide a
public service and operates and maintains that infrastructure (operation
services) for a specified period of time.
The operator shall recognise and measure revenue in accordance with IFRS 15
for the services it performs. The nature of the consideration determines its
subsequent accounting treatment. The subsequent accounting for
consideration received as a financial asset and as an intangible asset is detailed
in paragraphs 23–26 below.


Construction or upgrade services


The operator shall account for construction or upgrade services in accordance
with IFRS 15.


Consideration given by the grantor to the operator


If the operator provides construction or upgrade services the consideration
received or receivable by the operator shall be recognized in accordance with
IFRS 15. The consideration may be rights to:
(a) a financial asset, or
(b) an intangible asset.
The operator shall recognize a financial asset to the extent that it has an
unconditional contractual right to receive cash or another financial asset from
or at the direction of the grantor for the construction services; the grantor has
little, if any, discretion to avoid payment, usually because the agreement is
enforceable by law. The operator has an unconditional right to receive cash if
the grantor contractually guarantees to pay the operator (a) specified or
determinable amounts or (b) the shortfall, if any, between amounts received
from users of the public service and specified or determinable amounts, even
if payment is contingent on the operator ensuring that the infrastructure
meets specified quality or efficiency requirements.
The operator shall recognize an intangible asset to the extent that it receives a
right (a license) to charge users of the public service. A right to charge users of
the public service is not an unconditional right to receive cash because the
amounts are contingent on the extent that the public uses the service.
If the operator is paid for the construction services partly by a financial asset
and partly by an intangible asset it is necessary to account separately for each
component of the operator’s consideration. The consideration received or
receivable for both components shall be recognized initially in accordance
with IFRS 15.

The nature of the consideration given by the grantor to the operator shall be
determined by reference to the contract terms and, when it exists, relevant
contract law. The nature of the consideration determines the subsequent
accounting as described in paragraphs 23–26. However, both types of
consideration are classified as a contract asset during the construction or
upgrade period in accordance with IFRS 15.


Operation services


The operator shall account for operation services in accordance with IFRS 15.


Contractual obligations to restore the infrastructure to a specified
level of serviceability


The operator may have contractual obligations it must fulfil as a condition of
its license (a) to maintain the infrastructure to a specified level of
serviceability or (b) to restore the infrastructure to a specified condition before
it is handed over to the grantor at the end of the service arrangement. These
contractual obligations to maintain or restore infrastructure, except for any
upgrade element (see paragraph 14), shall be recognized and measured in
accordance with IAS 37, ie at the best estimate of the expenditure that would
be required to settle the present obligation at the end of the reporting period.


Borrowing costs incurred by the operator


In accordance with IAS 23, borrowing costs attributable to the arrangement
shall be recognized as an expense in the period in which they are incurred
unless the operator has a contractual right to receive an intangible asset (a
right to charge users of the public service). In this case borrowing costs
attributable to the arrangement shall be capitalized during the construction
phase of the arrangement in accordance with that Standard.


Financial asset


IAS 32 and IFRSs 7 and 9 apply to the financial asset recognized
under paragraphs 16 and 18.
The amount due from or at the direction of the grantor is accounted for in
accordance with IFRS 9 as measured at:
(a) amortized cost; or
(b) fair value through other comprehensive income; or
(c) fair value through profit or loss.
If the amount due from the grantor is measured at amortized cost or fair
value through other comprehensive income, IFRS 9 requires interest
calculated using the effective interest method to be recognized in profit or
loss.

Intangible asset


IAS 38 applies to the intangible asset recognized in accordance
with paragraphs 17 and 18. Paragraphs 45–47 of IAS 38 provide guidance on
measuring intangible assets acquired in exchange for a non-monetary asset or
assets or a combination of monetary and non-monetary assets.


Items provided to the operator by the grantor


In accordance with paragraph 11, infrastructure items to which the operator
is given access by the grantor for the purposes of the service arrangement are
not recognized as property, plant and equipment of the operator. The grantor
may also provide other items to the operator that the operator can keep or
deal with as it wishes. If such assets form part of the consideration payable by
the grantor for the services, they are not government grants as defined
in IAS 20. Instead, they are accounted for as part of the transaction price as
defined in IFRS 15.


Effective date


An entity shall apply this Interpretation for annual periods beginning on or
after 1 January 2008. Earlier application is permitted. If an entity applies this
Interpretation for a period beginning before 1 January 2008, it shall disclose
that fact.
[Deleted]
IFRS 15 Revenue from Contracts with Customers, issued in May 2014, amended the
‘References’ section and paragraphs 13–15, 18–20 and 27. An entity shall
apply those amendments when it applies IFRS 15.
IFRS 9, as issued in July 2014, amended paragraphs 23–25 and deleted
paragraphs 28A–28C. An entity shall apply those amendments when it applies
IFRS 9.
IFRS 16, issued in January 2016, amended paragraph AG8. An entity shall
apply that amendment when it applies IFRS 16.


Transition


Subject to paragraph 30, changes in accounting policies are accounted for in
accordance with IAS 8, ie retrospectively.
If, for any particular service arrangement, it is impracticable for an operator
to apply this Interpretation retrospectively at the start of the earliest period
presented, it shall:
(a) recognize financial assets and intangible assets that existed at the start
of the earliest period presented;
(b) use the previous carrying amounts of those financial and intangible
assets (however previously classified) as their carrying amounts as at
that date; and

(c) test financial and intangible assets recognized at that date for
impairment, unless this is not practicable, in which case the amounts
shall be tested for impairment as at the start of the current period.

Appendix A
Application guidance


This appendix is an integral part of the Interpretation.


Scope (paragraph 5)


Paragraph 5 of this Interpretation specifies that infrastructure is within the
scope of the Interpretation when the following conditions apply:
(a) the grantor controls or regulates what services the operator must
provide with the infrastructure, to whom it must provide them, and at
what price; and
(b) the grantor controls—through ownership, beneficial entitlement or
otherwise—any significant residual interest in the infrastructure at the
end of the term of the arrangement.
The control or regulation referred to in condition (a) could be by contract or
otherwise (such as through a regulator), and includes circumstances in which
the grantor buys all of the output as well as those in which some or all of the
output is bought by other users. In applying this condition, the grantor and
any related parties shall be considered together. If the grantor is a public
sector entity, the public sector as a whole, together with any regulators acting
in the public interest, shall be regarded as related to the grantor for the
purposes of this Interpretation.
For the purpose of condition (a), the grantor does not need to have complete
control of the price: it is sufficient for the price to be regulated by the grantor,
contract or regulator, for example by a capping mechanism. However, the
condition shall be applied to the substance of the agreement. Non-substantive
features, such as a cap that will apply only in remote circumstances, shall be
ignored. Conversely, if for example, a contract purports to give the operator
freedom to set prices, but any excess profit is returned to the grantor, the
operator’s return is capped and the price element of the control test is met.
For the purpose of condition (b), the grantor’s control over any significant
residual interest should both restrict the operator’s practical ability to sell or
pledge the infrastructure and give the grantor a continuing right of use
throughout the period of the arrangement. The residual interest in the
infrastructure is the estimated current value of the infrastructure as if it were
already of the age and in the condition expected at the end of the period of the
arrangement.
Control should be distinguished from management. If the grantor retains both
the degree of control described in paragraph 5(a) and any significant residual
interest in the infrastructure, the operator is only managing the
infrastructure on the grantor’s behalf—even though, in many cases, it may
have wide managerial discretion.

Conditions (a) and (b) together identify when the infrastructure, including any
replacements required (see paragraph 21), is controlled by the grantor for the
whole of its economic life. For example, if the operator has to replace part of
an item of infrastructure during the period of the arrangement (eg the top
layer of a road or the roof of a building), the item of infrastructure shall be
considered as a whole. Thus condition (b) is met for the whole of the
infrastructure, including the part that is replaced, if the grantor controls any
significant residual interest in the final replacement of that part.
Sometimes the use of infrastructure is partly regulated in the manner
described in paragraph 5(a) and partly unregulated. However, these
arrangements take a variety of forms:
(a) any infrastructure that is physically separable and capable of being
operated independently and meets the definition of a cash-generating
unit as defined in IAS 36 shall be analyzed separately if it is used
wholly for unregulated purposes. For example, this might apply to a
private wing of a hospital, where the remainder of the hospital is used
by the grantor to treat public patients.
(b) when purely ancillary activities (such as a hospital shop) are
unregulated, the control tests shall be applied as if those services did
not exist, because in cases in which the grantor controls the services in
the manner described in paragraph 5, the existence of ancillary
activities does not detract from the grantor’s control of the
infrastructure.
The operator may have a right to use the separable infrastructure described in
paragraph AG7(a), or the facilities used to provide ancillary unregulated
services described in paragraph AG7(b). In either case, there may in substance
be a lease from the grantor to the operator; if so, it shall be accounted for in
accordance with IFRS 16.

Appendix B
Amendments to IFRS 1 and to other Interpretations


The amendments in this appendix shall be applied for annual periods beginning on or after 1 January
2008. If an entity applies this Interpretation for an earlier period, these amendments shall be applied
for that earlier period.

* * * * *

The amendments contained in this appendix when this Interpretation was issued in 2006 have been
incorporated into the text of IFRS 1, IFRIC 4 and SIC-29 as issued on or after 30 November 2006. In
November 2008 a revised version of IFRS 1 was issued. In January 2016 IFRIC 4 was superseded by
IFRS 16 Leases.

 

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