Professional Documents
Culture Documents
Chapter 10
Problem 10.18
Assets and income
A legal wrangle developed between the Australian Taxation Office (ATO) and Box Hill Ltd con-
cerning the treatment of certain disputed income tax payments. This prompted ASIC to seek a
formal ruling on the dispute and call for full disclosure of the effects of tax disputes in the com -
pany’s financial statements.
Box Hill Ltd and several other leading companies operated an in-house, tax-minimisation scheme which was
unacceptable to the ATO. As a result, the ATO assessed Box Hill Ltd as owing $15 million in tax stemming from
the use of the scheme. The company paid the tax to the ATO but then challenged the ATO in court and won its
challenge to the assessment in the state Supreme Court. Since then, the ATO has appealed against the decision
to the Federal Court, but no decision has yet been made.
In its financial statements at the end of the financial year, Box Hill Ltd included the amount of $15 million as an
asset, refundable from the ATO. On reviewing the financial statements, ASIC expressed concern about the
treatment of the money expected to be recovered from the ATO as an ‘asset’, as the amount appeared to
affect materially the reported profits of the company. ASIC suggested that disputed taxation assessments do
not qualify as items resulting from past transactions or to which a company has a definite legal right.
Required
(a) Discuss whether the disputed amount should be recognised as an asset and as income in the financial
statements of Box Hill Ltd.
(LO6 and LO7)
(a)SOLUTIONS
It would appear from the case that Box Hill Ltd has made the following entry:
The question to be asked here is whether the entry made by Box Hill Ltd is legitimate under the Conceptual
Framework’s definitions of assets and income.
Does Box Hill Ltd have an asset?
Are there future economic benefits? Yes, it has been decided so by the court.
Does the entity control those benefits? According to the definition of control, there
is a legal debt owed exclusively to Box Hill
Ltd, so control follows.
So there is an asset, and it can be recognised as the recognition criteria, if you accept that the probability of
receipt from the Australian Taxation Office is greater than 50%, and that the amount is reliably measured at $15
000 000, are also satisfied.
Has there been an increase in future Yes. Income exists and can be recognised.
economic benefits in the form of an asset,
and an increase in equity?
Some may object to the above reasoning and argue that the decision is yet to come before the Federal court of
appeal for a final verdict. Hence, there may be an asset and income, but if the probability of receipt is assessed as
being less than 50%, no asset or income can be recognised.
Alternatively, for those who are prepared to recognise the asset and income, if the decision is reversed, then Box
Hill Ltd can pass the following entry:
Land and Water Waste Disposal Ltd (LAWWD) is a public company providing waste disposal
services to private homeowners and to customers in the commercial, industrial and public sectors.
Because of its active research program, the company has built a fine reputation as the leading han-
dler of waste products in Adelaide.
During the year ended 30 June 2023, LAWWD undertook an investigation on the feasibility of
establishing a waste processing plant in one of Melbourne’s eastern suburbs. Financial advisers,
engineers, architects and lawyers were consulted to determine the economic and legal feasibility of
establishing such a plant. As at 30 June 2023, the company had incurred costs of $800 000 but was
still unable to determine clearly the feasibility of the project; these costs were deferred as assets in
the company’s financial statements.
LAWWD has several long-term contracts which specify that predetermined quantities of waste
must be delivered to certain locations each year. The contracts specify that, if LAWWD is unable
to deliver the predetermined quantities, shortfalls must be made up in equivalent cash payments.
Unfortunately, LAWWD has not developed a system to keep track of exact quantities delivered to
each location. It has become an acceptable practice for delivery requirements to be renegotiated
during the life of any contract.
Shortly after the end of the financial year ending 30 June 2023, LAWWD was advised by one of its clients,
Dorset Ltd, that there was a shortfall in the tonnage of land waste delivered. The cash penalty for this
deficiency was approximately $300 000. Because of the long-standing business relationship between the two
parties, the management of Dorset Ltd agreed to a future meeting with LAWWD to be held on 30 September
2023 to discuss waiving the penalty and reducing next year’s delivery requirements. In the finalisation of its
general purpose financial reports at the end of August 2023, LAWWD has not recognised any liability for
penalties under this contract.
Required
(a) In the light of the Conceptual Framework, discuss LAWWD’s treatment in the general purpose financial
reports of the costs incurred for the feasibility study, and the penalty under the contract with Dorset Ltd.
(LO6 and LO7)
(a)SOLUTIONS
Issues to be considered:
The question states that the company is ‘unable to determine clearly the
feasibility of project’ — need to evaluate this uncertainty in terms of
probability. If probability < 50%, company has incorrectly treated the
costs and now should write them off to expenses.
If next year probability > 50%, the Conceptual Framework would require
reinstatement as asset.
ii.
Penalty:
You should also address other ‘side’ of potential entry, i.e. expense.