EU Accounting Rule 17 (Taxes & Transfers) PDF

EUROPEAN COMMISSION Budget Budget execution Accounting EUROPEAN UNION ACCOUNTING RULE 17 REVENUE FROM NON-EXCHANGE TRANSACTIONS (TAXES AND TRANSFERS)  EUROPEAN COMMISSION Budget...

EUROPEAN COMMISSION Budget Budget execution Accounting EUROPEAN UNION ACCOUNTING RULE 17 REVENUE FROM NON-EXCHANGE TRANSACTIONS (TAXES AND TRANSFERS)  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 2 of 27 INDEX 1. Introduction...................................................................................................................................3 2. Objective........................................................................................................................................3 3. Scope.............................................................................................................................................3 4. Definitions.....................................................................................................................................3 5. Non-exchange transactions............................................................................................................4 6. Revenue.........................................................................................................................................5 7. Stipulations, conditions and restrictions on transferred assets......................................................6 8. Taxes..............................................................................................................................................8 9. Initial analysis of the inflow of resources from non-exchange transactions.................................8 10. Recognition of assets...................................................................................................................10 11. Measurement of assets on initial recognition..............................................................................10 12. Recognition of revenue from non-exchange transactions...........................................................10 13. Measurement of revenue from non-exchange transactions.........................................................11 14. Present obligations recognised as liabilities................................................................................11 15. Taxes............................................................................................................................................12 16. Transfers......................................................................................................................................13 17. Disclosures..................................................................................................................................16 18. Effective date...............................................................................................................................17 19. Reference to other rules...............................................................................................................17 Appendix: Revenue accounting policy in the European Communities..............................................18  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 3 of 27 1. Introduction This EU accounting rule is based on International Public Accounting Standard (IPSAS) 23 “Revenue from non-exchange transactions (Taxes and Transfers)”. While revenue received by public sector entities such as the European Communities arises from both exchange and non- exchange transactions, the majority of EU revenue is typically derived from non-exchange transactions such as taxes and transfers (grants, debt forgiveness, fines, bequests, gifts, donations, and goods and services in kind). See the Appendix for guidance on the implementation of Community accounting policy on revenue from non-exchange transactions. 2. Objective The objective of this European Union (EU) accounting rule is to prescribe the accounting treatment of revenue arising from non-exchange transactions. The primary issue to be decided is when to recognise revenue. Revenue is recognised when it is probable that future economic benefits or service potential will flow to the entity and these benefits can be measured reliably. This EU accounting rule identifies the circumstances in which these criteria will be met and revenue will, therefore, be recognised. 3. Scope This EU accounting rule addresses revenue arising from non-exchange transactions such as: (a) Taxes; and (b) Transfers (whether cash or non-cash), including grants, debt forgiveness, fines, bequests, gifts, donations, and goods and services in kind. Revenue arising from exchange transactions is covered by EU Accounting Rule 4, “Revenue from Exchange Transactions”. This EU accounting rule does not apply to an entity combination that is a non-exchange transaction and therefore does not specify whether that type of entity combination will give rise to revenue or not. An entity combination occurs when two or more reporting entities are brought together to from one reporting entity.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 4 of 27 4. Definitions Conditions on transferred assets are stipulations that specify that the future economic benefits or service potential embodied in the asset is required to be consumed by the recipient as specified or future economic benefits or service potential must be returned to the transferor. Control of an asset arises when the entity can use or otherwise benefit from the asset in pursuit of its objectives and can exclude or otherwise regulate the access of others to that benefit. Exchange transactions are transactions in which one entity receives assets or services, or has liabilities extinguished, and directly gives approximately equal value (primarily in the form of cash, goods, services, or use of assets) to another entity in exchange. Fines are economic benefits or service potential received or receivable by public sector entities, as determined by a court or other law enforcement body, as a consequence of the breach of laws or regulations. Non-exchange transactions are transactions that are not exchange transactions. In a non-exchange transaction, an entity either receives value from another entity without directly giving approximately equal value in exchange, or gives value to another entity without directly receiving approximately equal value in exchange. Restrictions on transferred assets are stipulations that limit or direct the purposes for which a transferred asset may be used, but do not specify that future economic benefits or service potential is required to be returned to the transferor if not deployed as specified. Stipulations on transferred assets are terms in laws or regulation, or a binding arrangement, imposed upon the use of a transferred asset by entities external to the reporting entity. The taxable event is the event that the government, legislature or other authority has determined will be subject to taxation. Taxes are economic benefits or service potential compulsorily paid or payable to public sector entities, in accordance with laws and or regulations, established to provide revenue to the government. Taxes do not include fines or other penalties imposed for breaches of the law. Transfers are inflows of future economic benefits or service potential from non-exchange transactions, other than taxes.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 5 of 27 5. Non-exchange transactions In some transactions it is clear that there is an exchange of approximately equal value. These are exchange transactions and are addressed in EU Accounting Rule 4. In other transactions the EU will receive resources and provide no or nominal consideration directly in return. These are clearly non-exchange transactions and are addressed in this EU accounting rule. For example, the EU budget receives revenue from the Member States related to duties charged on imports of products coming from a non-EU state. Whilst the EU will provide a variety of public services to the Member States, it does not do so in consideration for the payment of those duties. There are also transactions where it is not immediately clear whether they are exchange or non- exchange transactions. In these cases an examination of the substance of the transaction will determine if they are exchange or non-exchange transactions. For example, the sale of goods is normally classified as an exchange transaction. If, however, the transaction is conducted at a subsidised price, that is, a price that is not approximately equal to the fair value of the goods sold, that transaction falls within the definition of a non-exchange transaction. In determining whether the substance of a transaction is that of a non-exchange or an exchange transaction, professional judgment is exercised. In other cases, entities may receive trade discounts, quantity discounts, or other reductions in the quoted price of assets for a variety of reasons. These reductions in price do not necessarily mean that the transaction is a non-exchange transaction. Where an asset is acquired by means of a transaction that has an exchange component and a non- exchange component, the entity recognises the exchange component according to the principles and requirements of EU Accounting Rule 4. The non-exchange component is recognised according to the principles and requirements of this EU Accounting Rule. In determining whether a transaction has identifiable exchange and non-exchange components, professional judgment is exercised. Where it is not possible to distinguish separate exchange and non-exchange components, the transaction is treated as a non-exchange transaction. 6. Revenue Revenue comprises gross inflows of economic benefits or service potential received and receivable by the EU, which represents an increase in net assets, other than increases relating to contributions from owners. Amounts collected as an agent of the government or another government organisation or other third parties will not give rise to an increase in net assets or revenue of the agent. This is because the  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 6 of 27 agent entity cannot control the use of, or otherwise benefit from, the collected assets in the pursuit of its objectives. Where the EU incurs some cost in relation to revenue arising from a non-exchange transaction, the revenue is the gross inflow of future economic benefits or service potential, and any outflow of resources is recognised as a cost of the transaction. 7. Stipulations, conditions and restrictions on transferred assets Where laws, regulations or binding arrangements with external parties impose terms on the use of transferred assets by the EU, these terms are stipulations as defined in this accounting rule. Stipulations are enforceable through legal or administrative processes. If a term in law or regulations or other binding arrangements is unenforceable, it is not a stipulation as defined by this EU Accounting Rule. Constructive obligations do not arise from stipulations. Stipulations are enforceable through legal or administrative processes. If a term in laws or regulations or other binding arrangements is unenforceable, it is not a stipulation as defined by this accounting rule. Stipulations relating to a transferred asset may be either conditions or restrictions. While conditions and restrictions may require an entity to use or consume the future economic benefits or service potential embodied in an asset for a particular purpose (performance obligation) on initial recognition, only conditions require that future economic benefits or service potential be returned to the transferor in the event that the stipulation is breached (return obligation). The recipient of assets subject to conditions incurs a present obligation to transfer future economic benefits or service potential to third parties when it initially gains control of an asset subject to a condition. This is because the recipient is unable to avoid the outflow of resources as it is required to consume the future economic benefits or service potential embodied in the transferred asset in the delivery of particular goods or services to third parties or else to return to the transferor future economic benefits or service potential. Therefore, when a recipient initially recognises an asset that is subject to a condition, the recipient also incurs a liability. As an administrative convenience, a transferred asset, or other future economic benefits or service potential, may be effectively returned by deducting the amount to be returned from other assets due to be transferred for other purposes. The reporting entity’s financial statements will still recognise the gross amounts in its financial statements, that is, the entity will recognise a reduction in assets and liabilities for the return of the asset under the terms of the breached condition, and will reflect the recognition of assets, liabilities and or revenue for the new transfer.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 7 of 27 Restrictions on transferred assets do not include a requirement that the transferred asset, or other future economic benefits or service potential is to be returned to the transferor if the asset is not deployed as specified. Gaining control of an asset subject to a restriction does not impose on the recipient a present obligation to transfer future economic benefits or service potential to third parties when control of the asset is initially gained. Where a recipient is in breach of a restriction, the transferor, or another party, may have the option of seeking a penalty against the recipient, by, for example, taking the matter to a court or otherwise. Such actions may result in the entity being directed to fulfil the restriction or face a civil or criminal penalty for defying the court. Such a penalty is not incurred as a result of acquiring the asset, but as a result of breaching the restriction. Substance over form In determining whether a stipulation is a condition or a restriction it is necessary to consider the substance of the terms of the stipulation and not merely its form. The mere specification that, for example, a transferred asset is required to be consumed in providing goods and services to third parties or be returned to the transferor is, in itself, not sufficient to give rise to a liability when the entity gains control of the asset. In determining whether a stipulation is a condition or restriction, the entity considers whether a requirement to return the asset or other future economic benefits or service potential is enforceable and would be enforced by the transferor. If the transferor could not enforce a requirement to return the asset or other future economic benefits or service potential, the stipulation fails to meet the definition of a condition and will be considered a restriction. If past experience with the transferor indicates that the transferor never enforces the requirement to return the transferred asset or other future economic benefits or service potential when breaches have occurred, then the recipient entity may conclude that the stipulation has the form but not the substance of a condition, and is, therefore, a restriction. If the entity has no experience with the transferor, or has not previously breached stipulations that would prompt the transferor to decide whether to enforce a return of the asset or other future economic benefits or service potential, and it has no evidence to the contrary, it would assume that the transferor would enforce the stipulation and, therefore, the stipulation meets the definition of a condition. The definition of a condition imposes on the recipient entity a performance obligation — that is, the recipient is required to consume the future economic benefits or service potential embedded in the transferred asset as specified, or return the asset or other future economic benefits or service potential to the transferor. To satisfy the definition of a condition, the performance obligation will be one of substance not merely form and is required as a consequence of the condition itself. A term in a transfer agreement that requires the entity to perform an action that it has no alternative but to perform, may lead the entity to conclude that the term is in substance neither a condition nor a restriction. This is because in these cases, the terms of the transfer itself do not impose on the recipient entity a performance obligation.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 8 of 27 To satisfy the criteria for recognition as a liability it is necessary that an outflow of resources will be probable and performance against the condition is required and is able to be assessed. Therefore, a condition will need to specify such matters as the nature or quantity of the goods and services to be provided or the nature of assets to be acquired as appropriate and, if relevant, the periods within which performance is to occur. In addition, performance will need to be monitored by, or on behalf of, the transferor on an ongoing basis. This is particularly so where a stipulation provides for a proportionate return of the equivalent value of the asset if the entity partially performs the requirements of the condition, and the return obligation has been enforced if significant failures to perform have occurred in the past. In some cases, an asset may be transferred subject to the stipulation that it be returned to the transferor if a specified future event does not occur. In these cases, a return obligation does not arise until such time as it is expected that the stipulation will be breached and a liability is not recognised until the recognition criteria have been satisfied. However, recipients will need to consider whether these transfers are in the nature of an advance receipt. In this EU Accounting Rule “advance receipt” refers to resources received prior to a taxable event or a transfer arrangement becoming binding. Advance receipts give rise to an asset and a present obligation because the transfer arrangement has not yet become binding. Where such transfers are in the nature of an exchange transaction, they will be dealt with in accordance with EU Accounting Rule 4. 8. Initial analysis of the inflow of resources from non-exchange transactions The EU will recognise an asset arising from a non-exchange transaction when it gains control of resources that meet the definition of an asset and satisfy the recognition criteria. In some cases, gaining control of the asset may also carry with it obligations that the EU will recognise as a liability. In certain circumstances, such as when a creditor forgives a liability, a decrease in the carrying amount of a previously recognised liability may arise. In these cases, instead of recognising an asset, the entity decreases the carrying amount of the liability. The flow chart below illustrates the analytic process an entity undertakes when there is an inflow of resources to determine whether revenue arises. This accounting rule follows the structure of the flowchart.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 9 of 27  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 10 of 27 9. Recognition of assets Assets are resources controlled by an entity as a result of past events and from which future economic benefits or service potential are expected to flow to the entity. An inflow of resources from a non-exchange transaction, other than services in-kind, that meets the definition of an asset shall be recognised as an asset when, and only when: (a) It is probable that the future economic benefits or service potential associated with the asset will flow to the entity; and (b) The fair value of the asset can be measured reliably. The ability to exclude or regulate the access of others to the benefits of an asset is an essential element of control that distinguishes an entity’s assets from those public goods that all entities have access to and benefit from. An announcement of an intention to transfer resources to a public sector entity is not of itself sufficient to identify resources as controlled by a recipient. If an entity does not have an enforceable claim to resources, it cannot exclude or regulate the transferor’s access to those resources. The past event which gives rise to control of an asset may be a purchase, a taxable event, or a transfer. Transactions or events expected to occur in the future do not in themselves give rise to assets. An inflow of resources is “probable” when the inflow is more likely than not to occur. The EU bases this determination on its past experience with similar types of flows of resources and its expectations regarding the taxpayer or transferor. An item that possesses the essential characteristics of an asset, but fails to satisfy the criteria for recognition may warrant disclosure in the notes as a contingent asset. 10. Measurement of assets on initial recognition An asset acquired through a non-exchange transaction shall initially be measured at its fair value as at the date of acquisition. 11. Recognition of revenue from non-exchange transactions  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 11 of 27 An inflow of resources from a non-exchange transaction recognised as an asset shall be recognised as revenue, except to the extent that a liability is also recognised in respect of the same inflow. As the EU satisfies a present obligation recognised as a liability in respect of an inflow of resources from a non-exchange transaction recognised as an asset, it shall reduce the carrying amount of the liability recognised and recognise an amount of revenue equal to that reduction. 12. Measurement of revenue from non-exchange transactions Revenue from non-exchange transactions shall be measured at the amount of the increase in net assets recognised by the EU. When, as a result of a non-exchange transaction, the EU recognises an asset, it also recognises revenue, unless it is also required to recognise a liability. Where a liability is required to be recognised it will be measured in accordance with the best estimate of the amount required to settle the present obligation at the reporting date, and the amount of the increase in net assets, if any, recognised as revenue. When a liability is subsequently reduced, because the taxable event occurs, or a condition is satisfied, the amount of the reduction in the liability will be recognised as revenue. 13. Present obligations recognised as liabilities A present obligation arising from a non-exchange transaction that meets the definition of a liability shall be recognised as a liability when and only when: (a) It is probable that an outflow of resources embodying future economic benefits or service potential will be required to settle the obligation; and (b) A reliable estimate can be made of the amount of the obligation. Present obligation A present obligation is a duty to act or perform in a certain way and may give rise to a liability in respect of any non-exchange transaction. Present obligations may be imposed by stipulations in laws or regulations or binding arrangements establishing the basis of transfers. They may also arise from the normal operating environment, such as the recognition of advance receipts. In many instances, taxes are levied and assets are transferred to public sector entities in non- exchange transactions pursuant to laws, regulation or other binding arrangements that impose stipulations that they be used for particular purposes. In the normal course of operations, a reporting entity may accept resources prior to a taxable event occurring. In such circumstances, a liability of  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 12 of 27 an amount equal to the amount of the advance receipt is recognised until the taxable event occurs. If a reporting entity receives resources prior to the existence of a binding transfer arrangement, it recognises a liability for an advance receipt until such time as the arrangement becomes binding. Conditions on a transferred asset Conditions on a transferred asset give rise to a present obligation on initial recognition that will be recognised as a liability when, and only when: (a) It is probable that an outflow of resources embodying future economic benefits or service potential will be required to settle the obligation; and (b) A reliable estimate can be made of the amount of the obligation. Measurement of liabilities on initial recognition The amount recognised as a liability shall be the best estimate of the amount required to settle the present obligation at the reporting date. The estimate takes account of the risks and uncertainties that surround the events causing the liability to be recognised. Where the time value of money is material, the liability will be measured at the present value of the amount expected to be required to settle the obligation. 14. Taxes Non-compulsory transfers to the government or public sector entities such as donations and the payment of fees are not taxes, although they may be the result of non-exchange transactions. A government levies taxation on individuals and other entities, known as taxpayers, within its jurisdiction by use of its sovereign powers. Tax laws and regulations establish a government’s right to collect the tax, identify the basis on which the tax is calculated, establish procedures to calculate the tax receivable and ensure payment is received. Tax laws and regulations often require taxpayers to file periodic returns to the government agency that administers a particular tax. The taxpayer generally provides details and evidence of the level of activity subject to tax, and the amount of tax receivable by the government is calculated. Tax laws are usually rigorously enforced and often impose severe penalties on individuals or other entities breaching the law. The EU shall recognise an asset in respect of taxes when the taxable event occurs and the asset recognition criteria are met. Resources arising from taxes satisfy the criteria for recognition as an asset when it is probable that the inflow of resources will occur and their fair value can be reliably measured. Taxes satisfy the definition of “non-exchange transaction” because the taxpayer transfers resources to the government, without receiving approximately equal value directly in exchange.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 13 of 27 The degree of probability attached to the inflow of resources is determined on the basis of evidence available at the time of initial recognition, which includes, but is not limited to, disclosure of the taxable event by the taxpayer. If the government is required to recognise a liability in respect of any conditions relating to assets recognised as a consequence of specific purpose tax levies, it does not recognise revenue until the condition is satisfied and the liability is reduced. However, in most cases, taxes levied for specific purposes are not expected to give rise to a liability because the specific purposes amount to restrictions not conditions. Advance receipts in respect of taxes are not fundamentally different from other advance receipts, so a liability is recognised until the taxable event occurs. When the taxable event occurs, the liability is discharged and revenue is recognised. Measurement of assets arising from taxation transactions Assets arising from non-exchange transactions are measured at their fair value as at the date of acquisition. Assets arising from taxation transactions are measured at the best estimate of the inflow of resources to the EU. Reporting entities will develop accounting policies for the measurement of assets arising from taxation transactions. The accounting policies for estimating these assets will take account of both the probability that the resources arising from taxation transactions will flow to the government, and the fair value of the resultant assets. Where there is a separation between the timing of the taxable event and collection of taxes, public sector entities may reliably measure assets arising from taxation transactions by using, for example, statistical models based on the history of collecting the particular tax in prior periods. Measuring assets and revenue arising from taxation transactions using statistical models may result in the actual amount of assets and revenue recognised being different from the amounts determined in subsequent reporting periods as being due from taxpayers in respect of the current reporting period. Revisions to estimates are made in accordance with EU Accounting Rule 14. In some cases the assets arising from taxation transactions and the related revenue cannot be reliably measured until some time after the taxable event occurs. 15. Transfers  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 14 of 27 The EU shall recognise an asset in respect of transfers when the transferred resources meet the definition of an asset and satisfy the criteria for recognition as an asset. Transfers satisfy the definition of an asset when the EU controls the resources as a result of a past event (the transfer) and expects to receive future economic benefits or service potential from those resources. Transfers satisfy the criteria for recognition as an asset when it is probable that the inflow of resources will occur and their fair value can be reliably measured. In certain circumstances, such as when a creditor forgives a liability, a decrease in the carrying amount of a previously recognised liability may arise. In these cases, instead of recognising an asset as a result of the transfer, the EU decreases the carrying amount of the liability. The EU obtains control of transferred resources either when the resources have been transferred to the EU, or the EU has an enforceable claim against the transferor. Many arrangements to transfer resources become binding on all parties before the transfer of resources takes place. However, sometimes one entity promises to transfer resources, but fails to do so. Consequently only when a claim is enforceable, and the EU assesses that it is probable that the inflow of resources will occur, will assets, liabilities and/or revenue be recognised. Until that time, the EU cannot exclude or regulate the access of third parties to the benefits of the resources proposed for transfer. Transfers satisfy the definition of “non-exchange transactions” because the transferor provides resources to the recipient entity without the recipient entity providing approximately equal value directly in exchange. If an agreement stipulates that the recipient entity is to provide approximately equal value in exchange, the agreement is not a transfer agreement but a contract for an exchange transaction that should be accounted for under EU Accounting Rule 4. The EU analyses all stipulations contained in transfer agreements to determine if it incurs a liability when it accepts transferred resources. Measurement of transferred assets Transferred assets are measured at their fair value as at the date of acquisition. Debt forgiveness and assumption of liabilities Entities recognise revenue in respect of debt forgiveness when the former debt no longer meets the definition of a liability or satisfies the criteria for recognition as a liability, provided that the debt forgiveness does not satisfy the definition of a contribution from owners. Revenue arising from debt forgiveness is measured at the fair value of the debt forgiven. This will normally be the carrying amount of the debt forgiven. Fines Fines are economic benefits or service potential received or receivable by a public sector entity, from an individual or other entity, as determined by a court or other law enforcement body, as a consequence of the individual or other entity breaching the requirements of laws or regulations. In  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 15 of 27 some jurisdictions law enforcement officials are able to impose fines on individuals considered to have breached the law. In these cases, the individual will normally have the choice of paying the fine or going to court to defend the matter. Where a defendant reaches an agreement with a prosecutor that includes the payment of a penalty instead of being tried in court, the payment is recognised as a fine. Fines normally do not impose on the government any obligations which may be recognised as a liability. As such, fines are recognised as revenue when the receivable meets the definition of an asset and satisfies the criteria for recognition as an asset. Assets arising from fines are measured at the best estimate of the inflow of resources to the entity. Gifts and donations, including goods in-kind Gifts and donations are voluntary transfers of assets including cash or other monetary assets, goods in-kind and services in-kind that one entity makes to another, normally free from stipulations. For gifts and donations of cash or other monetary assets and goods in-kind, the past event giving rise to the control of resources embodying future economic benefits or service potential is normally the receipt of the gift or donation. Gifts and donations (other than services in-kind) are recognised as assets and revenue when it is probable that the future economic benefits or service potential will flow to the entity and the fair value of the assets can be measured reliably. With gifts and donations, the making of the gift or donation and the transfer of legal title are often simultaneous, in such circumstances, there is no doubt as to the future economic benefits flowing to the entity. Goods in-kind are recognised as assets when the goods are received or there is a binding arrangement to receive the goods. If goods in-kind are received without conditions attached, revenue is recognised immediately. If conditions are attached, a liability is recognised, which is reduced and revenue recognised as the conditions are satisfied. On initial recognition, gifts and donations including goods in-kind are measured at their fair value as at the date of acquisition, which may be ascertained by reference to an active market or by appraisal. An appraisal of the value of an asset is normally undertaken by a member of the valuation profession who holds a recognised and relevant professional qualification. For many assets, the fair value will be readily ascertainable by reference to quoted prices in an active and liquid market. For example, current market prices can usually be obtained for land, non- specialised buildings, motor vehicles and many types of plant and equipment. Services in-kind  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 16 of 27 An EU entity may, but is not required to, recognise services in-kind as revenue and as an asset. As for all disclosures, disclosures relating to services in-kind are only made if they are material. Services in-kind are services provided by individuals to public sector entities in a non-exchange transaction. These services meet the definition of an asset because the entity controls a resource from which future economic benefits or service potential is expected to flow to the entity. These assets are, however, immediately consumed and a transaction of equal value is also recognised to reflect the consumption of these services in-kind. In many cases, the entity will recognise an expense for the consumption of services in-kind. However, services in-kind may also be utilised to construct an asset, in which case the amount recognised in respect of services in-kind is included in the cost of the asset being constructed. Some services in-kind do not meet the definition of an asset because the entity has insufficient control over the services provided. In other circumstances, the entity may have control over the services in-kind, but may not be able to measure them reliably, and thus they fail to satisfy the criteria for recognition as an asset. Pledges Pledges are unenforceable undertakings to transfer assets to the recipient entity. Pledges do not meet the definition of an asset because the recipient entity is unable to control the access of the transferor to the future economic benefits or service potential embodied in the item pledged. Entities do not recognise pledged items as assets or revenue. If the pledged item is subsequently transferred to the recipient entity, it is recognised as a gift or donation. Pledges may warrant disclosure as contingent assets under the requirements of EU Accounting Rule 10, “Provisions, Contingent Assets and Liabilities”. Advance receipts of transfers Where an entity receives resources before a transfer arrangement becomes binding, the resources are recognised as an asset when they meet the definition of an asset and satisfy the criteria for recognition as an asset. The entity will also recognise an advance receipt liability if the transfer arrangement is not yet binding. Advance receipts in respect of transfers are not fundamentally different from other advance receipts, so a liability is recognised until the event which makes the transfer arrangement binding occurs and all other conditions under the agreement are fulfilled. When that event occurs and all other conditions under the agreement are fulfilled, the liability is discharged and revenue is recognised.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 17 of 27 16. Disclosure The EU shall disclose either on the face of, or in the notes to, the general purpose financial statements: (a) The amount of revenue from non-exchange transactions recognised during the period by major classes showing separately: (i) Taxes, showing separately major classes of taxes; and (ii) Transfers, showing separately major classes of transfer revenue. (b) The amount of receivables recognised in respect of non-exchange revenue. (c) The amount of liabilities recognised in respect of transferred assets subject to conditions. (d) The amount of assets recognised that are subject to restrictions and the nature of those restrictions. (e) The existence and amounts of any advance receipts in respect of non-exchange transactions. (f) The amount of any liabilities forgiven. The EU shall disclose in the notes to the general purpose financial statements: (a) The accounting policies adopted for the recognition of revenue from non-exchange transactions. (b) For major classes of revenue from non-exchange transactions, the basis on which the fair value of inflowing resources was measured. (c) For major classes of taxation revenue which the entity cannot measure reliably during the period in which the taxable event occurs, information about the nature of the tax. (d) The nature and type of major classes of gifts, donations showing separately major classes of goods in-kind received. Entities are encouraged to disclose the nature and type of major classes of services in-kind received, including those not recognised. The extent to which an entity is dependant on a class of services in- kind will determine the disclosures it makes in respect of that class. In many cases an entity will be able to reliably measure assets and revenue arising from taxation transactions, using, for example, statistical models. However, there may be exceptional circumstances where an entity is unable to reliably measure the assets and revenue arising until one or more reporting periods has elapsed since the taxable event occurred. In these cases, the entity makes disclosures about the nature of major classes of taxation that cannot be reliably measured, and therefore recognised, during the reporting period in which the taxable event occurs.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 18 of 27 17. Effective date This EU Accounting Rule becomes effective for annual financial statements covering periods beginning on or after 1 January 2010. 18. Reference to other rules IPSAS 23 “Revenue from Non-Exchange Transactions” EU Accounting Rule 4 “Revenue from Exchange Transactions”  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 19 of 27 Appendix Revenue accounting policy in the European Union 1. Introduction The European Union has its ‘own resources’ to finance its expenditure. Legally, these resources belong to the Union. Member States collect them on behalf of the EU and transfer them to the EU budget. Own resources amount to 90% of the EC revenue budget. There are three kinds of own resources:  Traditional own resources (TOR) — customs duties, agricultural duties and sugar levies. o Customs duties and agricultural duties result from the application of the Community customs legislation and the Common Agricultural Policy on imports from third countries. o Sugar levies, on the other hand, are imposed on producers in the sugar sector and are used to cover Community expenditure in that sector.  The resource based on value added tax (VAT) is a uniform percentage rate that is applied to each Member State’s harmonised VAT revenue. The VAT assessment base of a Member State cannot, however, exceed 50% of that Member State’s GNI (it is ‘capped’ at 50% of GNI).  The resource based on gross national income (GNI) is a uniform percentage rate applied to the GNI of each Member State. This resource is used to provide the revenue needed to cover expenditure when all other sources of financing have been exhausted. Although it is a balancing item, it has become the largest source of revenue. It is calculated by applying a uniform rate to the sum of all Member States’ GNI. The GNI of each Member State is determined according to Community rules. The Community budget is an expenditure budget in the sense that expenditure is estimated prior to the calculation of the revenue needed to finance it. The budget is always balanced ex ante. The different revenue sources are drawn upon in turn, i.e. first TOR and secondly the VAT resource. The remaining expenditure is financed by the GNI resource. In short, the residual GNI resource offsets the difference between total expenditure and all other revenue. Another feature of the own resources system is the correction to offset budgetary imbalances. This correction mechanism reduces the budgetary imbalance of the United Kingdom by reducing its  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 20 of 27 VAT- and GNI-based payments. The cost of the correction is borne by the other Member States in proportion to their share of Community GNI. However, the financing share of Austria, Germany, the Netherlands and Sweden is restricted to one fourth of their normal share. The budget also includes other revenue, such as taxes paid by EU staff on their salaries, contributions from non-EU countries to certain EU programmes, recovery of expenses wrongly paid, fines on companies that breach competition or other laws and levies on the milk and sugar common organisation of the market. 2. Traditional own resources (TOR) Community traditional own resources (TOR) are customs and agricultural duties, and, sugar levies. The Member States are responsible for collecting these resources. The Members States establish, account for and recover TOR and make them available to the Commission. In addition, Member States must have adequate control infrastructure to ensure that their administrations (especially customs) carry out their tasks appropriately. The Member States retain collection costs set at 25% of the TOR paid to the Commission. The Commission checks that the Member States’ administrations collect TOR in accordance with Community customs and sugar legislation and obey the financial rules laid down in EC regulations. The Member States are financially responsible for any losses of TOR owing to administrative errors by them. Traditional own resources are made available to the Commission on a monthly basis, by the first working day after the 19th day of the second month following the month in which the entitlement was established. Member States inform the Commission of the TOR to be credited to the account by means of a detailed statement of entitlements established. Any delay in making TOR available to the Commission gives rise to the payment of interest. Established TOR which have not been entered in the monthly “statement of entitlements established” because they have not been recovered and no security has been provided are entered in separate accounts, known as “B” accounts. The Member State may adopt this procedure where established TOR for which security has been provided has been challenged. The Member States send the Commission a quarterly statement of the “B” (separate) account on a timely basis. The statement relating to the 1st, 2nd, 3rd and final quarters of a given year should be sent to the Commission by the first working day following the 19th day of May, August, November of the same year and February of the following year, respectively. These statements should show the balance brought forward from the previous quarter, the additions or cancellations during the quarter, and the amounts recovered and entered in the “A” account during the quarter. The balance remaining at the end of the quarter should also be indicated.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 21 of 27 Together with the final quarterly statement for a given year, Member States forward an estimate of the total amount of entitlements contained in the separate account at 31 December of that year for which recovery has become unlikely. The estimate is provided, at the latest, on the first working day following the 19th day of February of the following year. If necessary, the Member State must be able to respond to a call from the Commission to bring forward by one month the entry of resources other than VAT resources and the additional resource on the basis of the information available to it on the 15th of that month. Each entry brought forward shall be adjusted the following month when the “normal” entry, described above, is made.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 22 of 27 Transaction / Event Information / Accounting Recognition Measurement Traditional own resources Monthly Revenue is recognised in the (TOR) — Statement of the reporting period to which it relates. “A” account (statement of At the latest on the 1st working established entitlements) day following the 19th day of For instance, revenue related to the each month. The total amount December “Statement of established of TOR to be made available entitlements” which is provided in should be communicated to the February of year n+1 is recognised in Commission 4 days earlier. the period n. TOR — Statement of the “B” Quarterly Revenue is recognised in the account (the separate account) reporting period to which it relates. The statement relating to the 1st, 2nd, 3rd and final quarters For instance, revenue related to the of a given year should be sent final quarter which is provided in to the Commission by the first February of year n+1 is recognised in working day following the 19th reporting period n. day of May, August, November of the same year and February Corrections of value are analysed due of the following year, to the particular nature of B account respectively. transactions. Annual reports containing Annually Entitlements value corrections are information of TOR and analysed. Corresponding charges are inspection results The statement relating year n recognised in financial year n. is transmitted by 1 March n+1. Information on cases where Within three months of the Entitlements value corrections are recovery of TOR exceeding national administrative analysed. Corresponding charges are EUR 50 000 is impossible decision declaring the debt recognised in the period the non irrecoverable. recoverability is declared. Member States respond to the Call for funds issued by the Revenue is recognised in the call from the Commission, to Commission reporting period it relates. bring forward by one month the entering of resources on the basis of the information available to them on the 15th of the same month.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 23 of 27 3. The resource based on value added tax (VAT) The VAT-based resource derives from the application of a uniform rate valid for all Member States to their harmonised VAT assessment bases. The VAT assessment base to be taken into account for budgetary contributions is capped at 50% of the relevant Member State’s GNI. The uniform rate must not exceed the maximum rate and results from the difference between this maximum rate and a rate (the “frozen rate”) corresponding to the so-called gross equivalent of the UK correction. The maximum rate is set at 0.50% of the capped VAT assessment bases. The harmonised VAT resources base is calculated by the Member State in question in accordance with EC Directives and Regulations. The basic steps in determining the base are as follows: – Calculate the total net VAT revenue collected by the Member State. – Divide the total net VAT revenue by the weighted average rate of VAT to obtain the intermediate base. – Adjust the intermediate base with the negative or positive compensations in order to obtain the final harmonised VAT base. The Commission subsequently carries out controls, together with the competent authorities in the Member State, to ensure that the VAT resource base has been correctly determined. VAT and GNI-based resources are paid to the Commission every month when one twelfth of the amount contained in the approved annual budget, or approved amending budget, is credited to the account in the name of the Commission. Nonetheless, for the specific purpose of paying the EAGGF Guarantee Section expenditure, depending on the Community’s cash position, the Commission may ask Member States to bring forward by one or two months, in the first quarter of the financial year, the entry of one-twelfth or a fraction of one-twelfth of the amounts in the budget for the VAT and/or the GNI-based resource. Any delay in making VAT- or GNI-based resources available to the Commission gives rise to the payment of interest. VAT and GNI resources for a given reporting period are based on estimates. Estimation of the VAT and GNI bases involves judgments based on the latest information available. The effect of a change in an accounting estimate should be recognised when determining the net surplus or deficit for the period in which the change occurs, usually in December each year. The effect of a change in an accounting estimate should be included in the same heading as used previously for the estimate (for GNI and VAT: revenue). The nature and amount of a change in an accounting estimate should be disclosed in the notes to the financial statements.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 24 of 27 Transaction / Event Information / Measurement Accounting Recognition Estimate of the VAT Estimation sent preferably not later Calculation of the year n Budget. No base for the following than the end of April n-1 accounting recognition other than year calculating the amount of the one- twelfths the EC will call monthly in year n. Call for funds from the Monthly in year n. Amount is based on Revenue recognition in year n Commission to the year n approved budget, year n Member States in year n amending budgets and EAGGF advances called in 1st quarter year n. Statement of the VAT Before 31 July n+1 Change of accounting estimation. base for the previous Revenue recognised in the year n+1. year No restatement of year n financial statements. 4. The resource based on gross national income (GNI) GNI is regarded as the best indicator of a Member State’s ability to contribute. It has come to play a growing and decisive role in the funding of the Community budget. The criteria for harmonised compilation of gross national product at market prices (GNPmp) are set by a Directive. The criteria for compiling gross national income at market prices (GNImp) are set by a Council Regulation. The GNI resource is obtained by applying a rate —determined pursuant to the budgetary procedure in the light of the total of all other revenue — to the sum of all the Member States’ GNI. At national level, the Member States establish the aggregate in a manner consistent with the European System of Integrated Economic Accounts (ESA) in force, in the context of their national accounting procedures. At Community level, the Commission applies uniform control procedures to guarantee that the data, which may form part of Community statistics, are exhaustive, reliable and comparable. VAT and GNI-based resources are paid to the Commission every month when one twelfth of the amount contained in the approved annual budget, or approved amending budget, is credited to the  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 25 of 27 account in the name of the Commission. Nonetheless, for the specific purpose of paying the EAGGF Guarantee Section expenditure, depending on the Community’s cash position, the Commission may ask Member States to bring forward by one or two months, in the first quarter of the financial year, the entry of one-twelfth or a fraction of one-twelfth of the amounts in the budget for the VAT and/or the GNI-based resource. Any delay in making VAT- or GNI-based resources available to the Commission gives rise to the payment of interest. VAT and GNI resources for a given reporting period are based on estimates. Estimation of the VAT and GNI bases involves judgments based on the latest information available. The effect of a change in an accounting estimate should be recognised when determining the net surplus or deficit for the period in which the change occurs, usually in December each year. The effect of a change in an accounting estimate should be included in the same heading as used previously for the estimate (for GNI and VAT: revenue). The nature and amount of a change in an accounting estimate should be disclosed in the notes to the financial statements. Transaction / Event Information / Measurement Accounting Recognition Estimate of the GNI for Estimation sent preferably not later Calculation of the year n Budget. No the following year than the end of April n-1. accounting recognition other than calculating the amount of the one- twelfths the EC will call monthly in year n. Call for funds from the Monthly in year n. Amount is based Revenue recognition in year n Commission to the on year n approved budget, year n Member States in year n amending budgets and EAGGF advances called in 1st quarter year n. Outturn figures of GN I Before 22 September n+1. Change of accounting estimation. for the preceding year Revenue recognised in the year n+1. No restatement of year n financial statements. 5. Revenue from administrative operations Revenue from administrative operations mainly comprises taxes on salaries and pensions, and staff contributions to the pension scheme. The European Communities should recognise the amount of  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 26 of 27 taxes on salaries and pensions and staff contributions to the pension scheme as revenue when an employee has rendered service to the European Communities during an accounting period. Taxes or contributions for the period that are due from employees but have not yet been invoiced by the European Communities should be recognised as accrued revenue. 6. Fines Fines are economic benefits or service potential received or receivable by the European Communities, from an individual or entity, resulting from penalties imposed upon that person or entity by the European Communities for violations of laws or administrative rules. The recipient of an EC fine has the choice of either accepting (and therefore paying) the fine or appealing against it through the courts. Fines are recognised as revenue when the receivable meets the definition of an asset and satisfies the criteria for recognition as an asset. Once a Commission Decision imposing a fine has been taken, the addressee is officially notified. The Commission decision is considered as the generating event for the revenue. If there are doubts about the undertaking’s solvency, a reduction of the value of the entitlement should be recognised. If the recipient of an EC fine disagrees and appeals against the Commission’s decision, the total amount of the fine should be disclosed as a contingent liability in the notes to the financial statements. Even in the case of an appeal, the fine must still be paid before the due date set, since an appeal against a Commission decision by the addressee does not suspend the decision. Cash received is held in specific bank accounts and clears the outstanding receivable. If the recipient appeals against the Commission’s decision, there is a risk that the Court may not rule in favour of the European Commission. Consequently, depending on the legal assessment, a provision should be recognised to cover this risk. The accumulated interest received by the European Commission on the bank accounts where received payments are deposited is recognised as revenue, and any contingent liability should be increased accordingly. 7. Recovery of expenses wrongly paid Following acceptance of a cost claim, the European Communities can reassess the eligibility of accepted expenditure through an audit or other internal control procedures and claim a refund if errors or irregularities are detected. Following the detection of an error, the beneficiary will change part of the outstanding claim or repay part of the grant received. The change/reimbursement will be recognised as revenue.  EUROPEAN COMMISSION Budget Budget execution Accounting Version: 2 EU ACCOUNTING RULE 17: REVENUE FROM NON-EXCHANGE Date: October 2011 TRANSACTIONS (TAXES AND TRANSFERS) Page 27 of 27 8. Levy on milk Levies on surplus milk are designed to guarantee the equilibrium of the common organisation of the market in milk and its derivatives. Where production quotas are not observed, the European Communities are entitled to collect a levy. Where a national milk production quota is not observed, a levy must be paid in the Member State concerned by the producers who have not abided by the quota. The receipts from milk levies are declared by the Paying Agencies and are recognised as revenues. 9. Levy on sugar A temporary restructuring fund has been set up in order to finance restructuring measures for the Community sugar industry leading to a significant reduction of unprofitable sugar production capacity in the Community. The restructuring measures should be financed by raising temporary amounts from the sugar, isoglucose and insulin syrup producers which will eventually benefit from the restructuring process. The temporary restructuring amount is paid per marketing year per tonne of quota by those undertakings to which a quota has been allocated. It must be recognised as revenue in accordance with this accounting rule.