Chapter 9 Current Liabilities and Contingencies: Textbook pages 611 -630 Note: For this course, we only cover the following topics: Provisions (special type of liability recognized in financial statements) Contingent Liabilities (not recognized in statements, but may require disclosure) Intermediate Accounting I Dr. Nafis Rahman Characteristics of Liabilities Future sacrifices of economic benefits Characteristics You already have some basic knowledge about ‘Liabilities’ from your beginning accounting course. We will cover some special types of liabilities in this class. Arise from present obligations Result from past transactions or events Provisions • Provisions (a type of liability) ‒ Liabilities of uncertain timing or amount of future outflows • • Obligations related to litigation, warranties or product guarantees, business restructurings, and environmental damage, etc. Having greater uncertainty about the timing or amount of the future expenditure required to settle the obligations than other liabilities 3 Criteria for recognition of a provision Recognize a provision if a) A firm has a present obligation (legal or constructive) as a result of a past event; b) It is probable that an outflow of resources will be required to settle the obligation; and c) The amount of the obligation can be reliably estimated Note: The recording of the liability in the statement of financial position is matched to an expense account in the income statement. 4 Criteria for recognition of a provision Criterion (a): Present obligation 1) Legal obligation: a duty to act in a certain way deriving from a contract or legislation ‒ Existing legislation ‒ New legislation virtually certain* to be enacted as drafted or actually enacted * Virtually certain: probability ≥ 90% 5 Criteria for recognition of a provision Criterion (a): Present obligation 2) Constructive obligation: an obligation that derives from an entity’s actions where: • By past practice, published policies, or specific current statement, the entity has indicated to other parties that it will accept certain responsibilities, and • As a result, the entity has created a valid expectation that it will discharge those responsibilities. 6 Example: Constructive obligation Platinum Oil Co. drills for oil in locations worldwide. Mindful of public perception in the wake of recent oil spill disasters, Platinum Oil Co. has recently used press and television advertisements to promote its green credentials, and in particular, has pledged to clean up any contamination that it causes. In the year ended on December 31, 2017, Platinum Oil Co. causes extensive contamination in a country with no environmental legislation. Does a constructive obligation exist on December 31, 2017? 9-7 7 Example: Constructive obligation Solution: Platinum Oil’s advertising campaign has created a valid expectation that it will clean up any contamination it causes. • Parties that have had exposure to the advertising campaign will expect that Platinum Oil will clean up the contamination. Therefore, Platinum Oil has a constructive obligation. 9-8 8 Example: Legal & constructive obligation Ikea, a world-famous furniture store chain, is under legal obligation to refund money to customers who return unwanted goods within a 28-day period. The retailer has announced a policy of extending this return period to 60 days, and accordingly has printed this promise on its carrier bags. Does the retailer have a present obligation as a result of a past event? 9-9 9 Example: Legal & constructive obligation Solution: Ikea has a legal obligation to refund money for unwanted goods within a 28-day period after the sale Ikea has a constructive obligation to provide refunds for 32 days beyond the 28-day legal obligation for refunds. 9-10 10 Criteria for recognition of a provision Criterion (b): Probable outflow of economic resource * Probable: More likely than not to occur (prob. > 50%) Example: In 2015, Hyundai Motors sold 1 million cars with an obligation to cover customers for the cost of repairs of the cars with manufacturing defects within the first 3 years of purchase. • The probability of expenditure on a certain car sold is lower than 50%, but • The probability of some expenditure on a group of 1 million cars sold is higher than 50% (i.e., probable). 11 Criteria for recognition of a provision Criterion (c): a reliable estimate of the amount of the obligation • An entity will be able to determine an estimate in most cases (rare exceptions) • Despite some uncertainty over the amount or timing of payments, we would record a liability for the estimated cost of fulfilling the obligation. • An estimate is based on management’s judgment, experience of similar transactions, and independent experts’ reports. 12 Initial measurement of a provision The best estimate of the expenditure to settle the obligation at reporting date • The amount that an entity would rationally pay to settle or transfer the obligation to a third party – Example: The price of an outsourcing contract to take over warranty liability to customers • The effect of the time value of money must be considered, if it is material. – If cash outflows are expected to occur over long periods of time, the time value of money will be material. 13 Initial measurement of a provision The best estimate of the expenditure a) Expected value – – The probability-weighted outcome = The sum of all possible outcomes times their probabilities Appropriate for provisions involving a large population of items (e.g., provisions for product warranty or returns) b) Most Likely Outcome method -NOT covered in this class 14 Example: Expected value Samsung sells smartphones with one-year warranty which covers customers for the cost of repair of any manufacturing defect that becomes apparent within the first one year of purchase. If the company's past experience and future expectations indicate the following pattern of likely repairs, what is the expected cost of repairs? Ignore time value of money for simplicity. Probability of event The degree of defects Cost of repairs if all phones sold suffered from the defect during the warranty period 95.0% No defect $0 Billion 4.5% Minor defect $1 Billion 0.5% Major defect $6 Billion 15 Example: Expected value Solution: The expected cost of repairs: 95% * $0 billion + 4.5% * $1 billion + 0.5% * $6 billion = $75 Million 16 Reviewing and adjusting provisions Reviewing and adjusting provisions at each reporting date • An entity should estimate the amount and timing of outflows using new information available at each reporting date. • An increase (decrease) in provision is recognized as a loss (gain). • If outflow is no longer probable, provision is reversed and a gain is recognized. • An increase in the liability due to unwinding the discount over time is recognized as interest expense. 17 Product warranty A warranty is a promise made by a seller to a buyer to guarantee quantity, quality, or performance of a product. ‒ Used as a sales promotion technique ‒ Entailing future costs of which the amount, due date, and customers are indefinite ‒ Probable that these costs will incur in most cases ‒ Our textbook discusses two types of warranties….. 18 Product warranty 1. Manufacturers’ original warranty 1) Warranty that the product meets agreed-upon specifications in the sales contract at the date of sale • This warranty is an integral and inseparable part of the sale of the product. –The customer receives the warranty automatically at the point of purchase. –The seller cannot avoid the expenditures on repairing faulty goods and thus bears a legal obligation. 19 Product warranty 1. Manufacturers’ original warranty 2) The estimated cost of fulfilling warranties is recognized as provision for warranty and warranty expense at the date of sale. • The warranty expense is matched to the revenue from the sale of the product. 20 Product warranty 1. Manufacturers’ original warranty 3) Review and adjust warranty provisions at each balance sheet date. • The adjustment due to changes in estimates is recognized as a loss (gain) on product warranty. The loss (gain) is not retroactively recorded in the period of the product sale, unless fraud occurred or a previous estimate was not made in good faith. – DHB restated the warranty liability for bullet-proof vests by $37 million because it had been manipulated. 21 Example: Original warranty Sale of personal computers with one-year warranty of no manufacturing deficiency • • • • • Units sold on 12/31/2013: 10,000 units at $300 (paid in cash) Expected return rate for repair: 3% Expected repair cost per unit: inventory parts $5 and Wages Payable $10 Units returned in 2014: 170 units At the end of 2014, the remaining balance on the Estimated Provision for Warranty was reversed to zero since this type of computer units were not produced anymore. Ignore time-value (discount rate) effects. Required: Prepare journal entries to summarize any aspects of the warranty for 2013 and 2014. The seller has the calendar year as its fiscal year. Example: Original warranty (Solution) Entry on 12/31/2013: Dr. Warranty Expense Cr. Provision for warranty 4,500 4,500* * Estimated warranty costs = 3% of 10,000 units at $15 each = $4,500 Entry during 2014: Dr. Provision for warranty 2,550 Cr. Parts Inventory [170*$5] Cr. Wage payable [170* $10] Dec 31, 2014: Dr. Provision of Warranty [4500 - 2550] 1950 Cr. Gain on product warranty 850 1,700 1,950*** Product warranty 2. Extended warranty contract 1) Warranty that provides an additional service beyond the manufacturer's original warranty • This warranty creates a performance obligation separable from the sale of the product (IAS 18.13). –This obligation is different from the warranty obligation embedded in the sale of the product. 2) The price of the extended warranty contract is recognized as unearned warranty revenue at the date of sale. 24 Product warranty 2. Extended warranty contract 3) The revenue from rendering the extended warranty service (warranty revenue) is recognized over the contract period on a straight-line basis. 4) Costs incurred over the contract period are recognized as warranty expense. Note: The time value of money for customer prepayments including unearned warranty revenue is not considered. 25 Example: Extended warranty Refer to the previous example for original warranty. Assume that the seller sold extended warranties on the 4,000 units sold in 2013 as follows: • The price for the extended warranty: $30 per unit • The warranty period: years 2015 and 2016 Required: Show journal entries to record the sale of products and extended warranties in 2013 and warranty revenue in 2015 Example: Extended warranty (Solution) Entry in 2013: Dr. Cash 3,120,000 Cr. Sales revenue Cr. Unearned warranty revenue 3,000,000* 120,000** * $300 per unit * 10,000 units ** $30 per unit * 4,000 units [Notice that I could write the purchase journal entry in two parts] Entry in 2015: (relating to year 2013 sales) Dr. Unearned warranty revenue 60,000 Cr. Warranty revenue * 120,000/2 years = 60,000 60,000* Restructuring provisions Definition of a restructuring in IAS 37 • A program that is planned and controlled by management and materially changes either ‒ The scope of a business undertaken by an entity, or ‒ The manner in which that business is controlled 28 Restructuring provisions Examples of restructuring events 1) The sale or termination of a line of business 2) The closure of business locations or the international relocation of business activities 3) Fundamental reorganizations ‒ Having a material effect on the nature and focus of the entity's operations 29 Restructuring provisions Timing of recognizing restructuring provisions 1) Closures or reorganization ‒ Recognize a provision only after a detailed formal plan is adopted and has started being implemented, or announced to those affected by the plan* * A constructive obligation for restructuring 2) Sale of operation ‒ Recognize a provision after a binding sale agreement (i.e., a legal obligation) 30 Restructuring provisions Restructuring costs include only the direct expenditures that are both • necessarily entailed by the restructuring and not associated with ongoing activities. Non-eligible costs for restructuring provisions o Retraining or relocating continuing staff Marketing Investment in new systems and distribution networks Future operating losses Losses or gains on the expected disposal of assets • o o o o 31 Example: Restructuring provisions In the fourth quarter of 2021, management and the board of directors publicly announced a plan to close the telemarketing division in Chicago and move it to India. The impacted employees in Chicago were notified that their jobs would be eliminated. To ensure an orderly transition, management promised “stay pay” of $10,000 to any Chicago office employee who remained until they were terminated by the Company in the third quarter of 2022. It is estimated that 100 employees will take the ‘stay pay’ option. Required: How should the stay pay be accounted for using IAS 37? For the purpose of this example, ignore any impact of the present value since it would be immaterial. Show journal entries associated with restructuring provision in 2022. Solution: Recognizing restructuring provision • The formal restructuring plan would appear to create a constructive obligation using IAS 37. – “Publicly announced a restructuring plan” – “Promised stay pay” • Thus, the estimated stay pay should be accrued and expensed in the fourth quarter of 2021. • Estimated total restructuring costs = $10,000 * 100 = $1,000,000 • Journal entry Dr. Employee termination expense Cr. Restructuring provision 1,000,000 1,000,000 Contingent liabilities A possible obligation arising from past events but not yet confirmed as a present obligation ‒ Possible: 5% ≤ probability ≤ 50% ‒ Only the occurrence or non-occurrence of uncertain future events confirms the existence of the obligation (criterion a not satisfied) Rule of Thumb: Remote : probability <5% Possible: 5% ≤ probability ≤ 50% Probable: probability >50% 34 Examples: A possible obligation 1. Lawsuit Existence of lawsuit against the company for which an unfavorable outcome is not probable. The existence of the obligation of the defendant can only be confirmed by the judgment of the courts or a settlement. (criterion a not satisfied) 2. Loan guarantee contract • • • A company provides a guarantee to a bank to support loans taken up by another company (a past event). The guarantor will have to pay the balance of the loan to the bank only if the borrowing company defaults on the loans. (criterion a not satisfied) 35 Contingent liabilities An obligation that does not meet the IAS 37 recognition criteria for a provision A present obligation that arises from past events (criterion a satisfied), but ‒ It is not probable that an outflow of economic benefits will be required to settle the obligation (criterion b not satisfied), or ‒ The amount of the obligation cannot be measured with sufficient reliability (criterion c not satisfied) 36 Example: A present obligation that cannot be measured reliably Breaching environmental laws 1) The tankers of a shipping company spilled a massive amount of oil in a pristine area (past event) 2) The oil spillage is a violation of environmental laws, creating a legal obligation (criterion a satisfied) 3) The oil spillage provokes civil claims and investigations; so it is probable that the firm will be required to pay some amount of claims (criterion b satisfied) 4) The amount of claims cannot be reliably measured until the investigation is completed and all statutory and civil claims are received from affected parties (criterion c No) 37 Contingent liabilities Disclosure rule Not recognized as a provision, but 2. Disclosed in notes if the probability of loss from that contingent liability is NOT remote. 1. • • Remote: Probability < 5% Contents of disclosure: The nature of the contingent liability b) An estimate of the financial effects c) The uncertainty on the amount and timing of the outflows d) The possibility of any reimbursement a) 38 Subsequent events 1) The cause of a loss contingency occurs before the year-end. An adjusting event that occurs for a subsequent period provides evidence of the preexisting conditions. Recognize a provision as of the year-end Disclose detailed information in note 39 Subsequent events 2) The cause of loss contingency occurs during a subsequent period. An adjusting event also occurs for the subsequent period. Do not recognize a provision as of the year-end Disclose a contingent liability in note 40 Example: Subsequent events A former employee filed a lawsuit against Hanover alleging age discrimination and asking for damages of $750,000. On December 31, 2012, Hanover’s lawyers indicated that the likelihood of losing the lawsuit was possible but not probable. On March 5, 2013, Hanover agreed to pay the former employee $125,000 in return for withdrawing the lawsuit. Hanover issued the financial statements on April 1, 2013. Required: Determine the appropriate reporting for the situation and prepare journal entries for the year 2013. 41 Example: Solution • Recognize a loss provision. – The cause of the lawsuit occurred before December 31, 2012. – The settlement of the lawsuit in the subsequent period confirms a possible obligation as a present obligation (Criterion (a) satisfied) – A disclosure note is also appropriate. • Journal entry Dr. Loss – litigation 125,000 Cr. Liability – litigation 125,000 42 Unasserted Claims A claim that has yet to be made by the other party, but it is possible that such a claim will be made 1. If the claim is probable (Probability>50%), an unfavorable outcome is also probable, and the outcome is estimable, then treat it as a provision 2. If the claim is probable, but an unfavorable outcome is not probable (probability <50%), then disclose contingent liability. 3. If the claim is not probable (Prob <50%) or if the possibility of unfavorable outcome from such a claim is remote (prob <5%), then no need to disclose (do nothing). 43 Contingent assets Suppose the company is the plaintiff in a case, and the cause of a gain contingency occurs before the year-end and the court’s decision in the subsequent period confirms a gain for the plaintiff. • The plaintiff cannot recognize the gain as an asset as of the year-end unless the probability of inflow is “virtually certain” (i.e., probability ≥ 90%) • The plaintiff should disclose the anticipated gain in note. • The stricter requirement for gain recognition than loss recognition is consistent with conservatism. 44 Summary Depending a future confirming event? Legal obligation? or Constructive obligation? Probability > 50% ? Prob. < 5% ? Recognize Provision Disclose contingent liability 45