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Service Concession Arrangements

Extract from FRS102: Section 34.12-.34.16A

34.12 A service concession arrangement is an arrangement whereby a public sector body, or a public benefit entity (the grantor) contracts with a private sector entity (the operator) to construct (or upgrade), operate and maintain infrastructure assets for a specified period of time (concession period). The operator is paid for its services over the period of the arrangement. A common feature of a service concession arrangement is the public service nature of the obligation undertaken by the operator, whereby the arrangement contractually obliges the operator to provide services to, or on behalf of, the grantor for the benefit of the public.

34.12A Specifically an arrangement is a service concession arrangement when the following conditions apply:

 (a) the grantor controls or regulates what services the operator must provide using the infrastructure assets, to whom, and at what price; and

 (b) the grantor controls, through ownership, beneficial entitlement or otherwise, any significant residual interest in the assets at the end of the term of the arrangement. Where the infrastructure assets have no significant residual value at the end of the term of the arrangement (ie the arrangement is for its entire useful life), then the arrangement shall be accounted for as a service concession if the conditions in (a) are 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 assets and give the grantor a continuing right of use throughout the concession period.

34.12B A service concession arrangement shall be accounted for in accordance with the requirements of paragraphs 34.12E to 34.16A.

34.12C A service concession arrangement may contain a group of contracts and sub-arrangements as elements of the service concession arrangement as a whole. Such an arrangement shall be treated as a whole when the group of contracts and sub-arrangements are linked in such a way that the commercial effect cannot be understood without reference to them as a whole. Accordingly, the contractual terms of certain contracts or arrangements may meet both the scope requirements of paragraphs 34.12 and 34.12A, and Section 20 Leases. Where this is the case, the requirements of this section shall prevail.

34.12D Where an arrangement does not meet the requirements of paragraphs 34.12 and 34.12A, it shall be accounted for in accordance with Section 17 Property, Plant and Equipment, Section 18 Intangible Assets other than Goodwill, Section 20 or Section 23 Revenue, based on the nature of the arrangement. Accounting by grantors – Finance lease liability model

34.12E The infrastructure assets shall be recognised as assets of the grantor together with a liability for its obligations under the service concession arrangement.

34.12F The grantor shall initially recognise the infrastructure assets and associated liability in accordance with paragraphs 20.9 and 20.10. If as a result of applying paragraphs 20.9 and 20.10 the grantor has not recognised a liability to make payments to the operator, it shall not recognise the infrastructure assets.

34.12G The liability shall be recognised as a finance lease liability and subsequently accounted for in accordance with paragraph 20.11.

34.12H The infrastructure assets shall be recognised as property, plant and equipment or as intangible assets, as appropriate, and subsequently accounted for in accordance with Section 17 or Section 18.

Accounting by operators

Treatment of the operator’s rights over the infrastructure

34.12I Infrastructure assets shall not be recognised as property, plant and equipment by the operator because the contractual service arrangement does not convey the right to control the use of the public service assets 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 arrangement.

Recognition and measurement of consideration

34.13 There are two principal categories of service concession arrangements: (a) In one, the operator receives a financial asset – an unconditional contractual right to receive a specified or determinable amount of cash or another financial asset from, or at the direction of, the grantor in return for constructing (or upgrading) the infrastructure assets, and then operating and maintaining the asset for a specified period of time. This category includes guarantees by the grantor to pay for any shortfall between amounts received from users of the public service and specified or determinable amounts. (b) In the other, the operator receives an intangible asset – a right to charge for use of the infrastructure assets that it constructs (or upgrades) and then operates and maintains for a specified period of time. A right to charge users is not an unconditional right to receive cash because the amounts are contingent on the extent to which the public uses the service.

Sometimes, a single arrangement may contain both types: to the extent that the grantor has given an unconditional guarantee of payment for the construction (or upgrade) of the infrastructure assets, the operator has a financial asset; to the extent that the operator receives a right to charge the public for using the service the operator has an intangible asset.

Accounting – financial asset model

34.14 The operator shall recognise 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 (or upgrade) services. The operator shall initially recognise the financial asset at fair value for the consideration received or receivable, based on the fair value of the construction (or upgrade) services provided. Thereafter, it shall account for the financial asset in accordance with Section 11 Basic Financial Instruments and Section 12 Other Financial Instruments Issues

Accounting – intangible asset model

34.15 The operator shall recognise an intangible asset to the extent that it receives a right (a licence) to charge users of the public service. The operator shall initially recognise the intangible asset at fair value for the consideration received or receivable, based on the fair value of the construction (or upgrade) services provided. Thereafter, it shall account for the intangible asset in accordance with Section 18.

Operating services

34.16 The operator shall account for revenue in accordance with Section 23 for the operating services it performs.

Borrowing costs

34.16A Borrowing costs attributable to the arrangement shall be recognised as an expense, in accordance with Section 25 Borrowing Costs, in the period in which they are incurred unless the operator has an intangible asset. In this case borrowing costs attributable to the arrangement may be capitalised in accordance with Section 25 where a policy of capitalisation has been adopted in accordance with that section.

OmniPro comment

A service concession arrangement is one where a public sector body or public benefit entity (the grantor) contracts with a private operator to develop (or upgrade), operate and maintain infrastructure assets. To meet the definition, the following two conditions must apply:

– in the first type, the operator receives a financial asset, being the right to receive a fixed or determinable amount of cash. In this case the financial asset recognised is accounted for under Section 11 and 12 of FRS 102. In this case the entity must forecast the cash flows and the fair value of each task (i.e. the amount of the total consideration relating to the construction initially and the amount relating to the upkeep in the later years).

Once the fair value allocation is completed, the operator will recognise revenue from the construction phase (which has already been allocated) in accordance with Section 23 for long term contracts. The remaining amounts for the maintenance are recognised over the remaining life based on the fair value allocation and the financial asset is unwound over the life of the project and recognised as finance income.

Where the operator receives payment from the grantor, it will be necessary to allocate those payments between construction or upgrade of the infrastructure assets and the provisions of services. The standard does not prescribe a method for this allocation, although it is commonly made on the basis of the relative fair values of the component of the arrangement in line with Section 23.

Under this method borrowing costs are expensed.

– In the other, the operator receives an intangible asset, being the right to charge for use of a public sector asset that it constructs and then operates and maintains for a specified period.

Take an example of a road where the operator charges a toll for a period of years and in return the entity builds the road. In this instance, the operator constructs the road. When the road is open it will then charge the public a fee for the use of the infrastructure when it is opened.

On initial recognition, the operator must forecast the vehicle numbers over that period and the total cash inflows it will receive. It also has to assess the annual running costs for maintaining the road. This provides the total profit that will be made over the contracts life.

The amount to be capitalised as an intangible is the allocation of the fair value of the expected proceeds for building the road. This is then amortised over the life of the contract when the road has been constructed. The journals on initial recognition would be:

 

CU

CU

Dr Intangible Asset

XXX

 

Cr Loan to Construct the Road

 

XXX

Dr Cost of Sales

XXX

 

Cr Revenue

 

XXX

The liability is then written down as the net cash flows are received in over its life from toll receipts net of running costs. The revenue on the construction of the road is recognised in line with Section 23 and the fair value is allocated to the road construction.

Borrowing costs can be capitalised as part of the intangible in this particular case.

Where additional revenue is to be received at some point in the future for resurfacing the road, this revenue would be recognised separately when the work is to be completed. It is not included in the above calculations.

Alternatively if the operator has an obligation to resurface without the costs being reimbursed then a provision for reinstatement needs to be made and therefore this cost would have to be factored into the above calculations.

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