Auditimi publik 1 kontrolli I lartë I shtetit
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partnerships?
More and more, governments are now facing the challenge of (a) the construction of infrastructure and public facilities, which are required to be in line with population growth, and (b) rehabilitation of existing infrastructure and public facilities, which are deteriorated due to the postponement of their maintenance on time. They are also faced with the challenge of providing services to their constituents that are related to infrastructure and public facilities in the most effective and efficient manner possible. Governments have found a common way to address these challenges through public private partnerships. There are many definitions about the term "public private partnership". However most definitions consider a public private partnership as an agreement between a public sector entity to a private entity in order to provide a good or service to the public. Thus, such an arrangement provides an alternative to traditional methods of procurement in the public sector, which used to fulfill a public duty or responsibility. Traditional procurement methods of the vast majority of risk associated with the project to the public sector unit, although contracts with fixed prices can transfer some of these risks, for example the construction unit to the private sector. Meanwhile, in a PPP concession agreement, the project risks can be shared between public entities and private sector. These risks can usually be: Construction risks. This type of risk involves many issues that may be encountered during the construction phase of a project as exceeding the costs, builder material defects, delays in construction, regulatory plan, the integration of new facilities with existing infrastructure, technical deficiencies, health risks , and accidents at work, etc. Availability risks. This is the risk that public infrastructure or facilities will not provide enough services, for example, due to inadequacies in the management or not achieving the required quality standards. Risks of demand. This risk relates to the variability of the amount of services required or consumed by users of the infrastructure. Users can themselves be public sector units, citizens or both together. Operating and maintenance risks. This type of risk involves a number of risks that arise as infrastructure or public facilities become operational. These include: rising prices, shortages in materials, increased labor costs, damage due to natural disasters, costs related to postpone for later maintenance and obsolescence. The residual value risk. This risk relates to the potential difference between the PUBLIC AUDIT Accounting for Concession Agreements under International Accounting Standards for the Public Sector 270 No.4, January April, 2013 market price of the asset at the end of the PPP agreement with the original expected price of the asset market. Financing risk. This refers to the risk that the cost of funding received for the project tends to be greater than the benefits the project will bring. It can also occur due to financial circumstances which may be found or the parties to the agreement investor perceptions about the risks of the project. Public sector units involved in service concession arrangements for numerous reasons. Common reason of all these agreements is to establish partnerships with the private partner benefits by public sector units, which would be impossible if that public entity would be responsible only for the construction of infrastructure and / or providing the relevant service. A phrase that relates very well with this objective is "to achieve improvements in value for money spent". Often the "value" potential required by the public sector unit under PPP arrangements is in nature, for example the attempt to control or reduce costs or attempt to collect advance income sources. In other cases, the "value" can include improving the ability to deliver new infrastructure or renovating, improving the quality of construction and maintenance or improvement of efficiency in the provision of these public services. Public sector entities "achieve improved value for money spent" being distributed in an optimal way of project risks (some of which we have mentioned above) between public entities and private sector. Beyond the concept of "achieving improved value for money spent" some public sector entities are motivated to enter into these agreements to achieve fiscal targets. Some public sector entities see these agreements as a tool to meet the needs for new infrastructure or improve, while at the same time they exclude these public facilities, infrastructure and financing associated with the process of reporting their budgeting . Based on the above treatment, this paper focuses on the following issues of accounting and financial reporting a) operating the concession agreements, and b) other PPP arrangements that combine an element builder with an element of concession operations. These agreements are described more as service concession arrangements. The issue of accounting and financial reporting in connection with these agreements, the provider is reporting infrastructure or property associated with these agreements, then the asset, along with any associated liability to compensate the operator of the property (asset). As stated above, risks, responsibilities, benefits and control of property in these agreements are divided into different levels between the provider and the concession operator. If this property financial reporting will be based only in legal ownership, we were not able to have a faithful representation of the effects that can have this agreement. As relations between the parties to such an agreement as well as the property, must be analyzed to determine financial reporting that faithfully reflects the asset based on the concept/principle Prof. Asoc. Dr. Hysen Cela Kledi Kodra, FCCA PUBLIC AUDIT 271 ALSAI that "economic substance prevails over legal form". IPSAS define assets as "resources controlled by an entity as a result of activities performed in the past by the expected entry of potential future economic benefits or potential. The notion of control over resources is clearly shown in the definition . Based on the definition of an asset by IPSAS 1, as well as control and the future economic benefits or potential service, are required to be taken by the provider to report property that is the subject of the concession agreement, as an asset. Therefore the two concepts, as well as risk control and benefits covered above, should be considered for the development of an approach, to determine how the provider should report this wealth. The control over the use of the property is a key principle discussed in the conclusions reached in IFRIC 12 (IFRIC 12). According to this principle, the private operator does not have to report as his own asset, the wealth, subject to the agreement interpretation. According to this interpretation, the private operator, does not recognize property as an asset, but an asset or a non financial asset or material, that reflects the right that is offered by the provider to use the property or to receive contractual cash flows. IFRIC 12 focuses on the operational aspects of control over property or services to be provided in connection with the receipt of these services, and fees that will apply to them as well as any significant residual interest in the property at the end of agreement. According to IPSAS s Board, the nature of the criteria included in the scope of IFRIC 12 is generally appropriate to determine whether the underlying provider has control (important) on the property under these agreements, for financial reporting purposes. These criteria all together, suggest that a) the provider must have a continuing right to demand for the property to be operated in the way that could accomplish the objectives for public services, throughout the life of the agreement and beyond, and b) operator's practical ability to sell or pledge the property, is limited. Despite the operator control over the provision of certain aspects of the services generated from property, general use of the property remains limited to providers target set in the agreement. Moreover, the concession provider controls operating key aspects of the property, such as, for example, the fees should apply to its use. If the criteria similar to those in IFRIC 12 are met, it is generally accepted that the operator operates the property on behalf of providers, and that the latter has ultimate control over the property. Based on the guidelines of IPSAS 23 and IPSAS 6, it can be argued that, if the concession grantor control over the underlying assets of these agreements is similar to regulatory control, but such control is not sufficient to meet the concept of control included in the definition of an asset for financial reporting purposes of the provider. For example, the government may transfer a plot of land to a public university setting that land will be used only to build the campus. Under IPSAS PUBLIC AUDIT Accounting for Concession Agreements under International Accounting Standards for the Public Sector 272 No.4, January April, 2013 23, despite this definition, public university (in this example "user") controls the land and will present it as an asset in its financial statements. Also, the university should recognize a liability, if the determination will be considered as a condition, which means that, if the land is not used for the purpose for which it is given, then it will be returned to its rightful owner . Reporting financial results in this example may seem in conflict with the guidelines discussed above in connection with control over the property of the agreement, where the party that imposes restrictions on the use of assets (provider) and not of the active user (operator) is considered to have the control of that property for financial reporting purposes. The crucial difference between the example of transfer of land for the university and the service concession arrangement is that: the concession provider maintains control of the remaining interest in the underlying assets of the agreement by the end of it. In typical arrangements as those to which we spoke above, the asset at the end of the agreement is not returned to the transferor. Even where predestination is conditional on the fulfillment of this condition it remains asset to the operator, ie in the case of the University at the time that the land would be used to build the campus, the asset (land) remains, to be reported in the statements of the University. Contingent, future economic benefits or potential of service. Although an agreement provider can control the use of property, to meet the definition of an asset by IPSAS 1, as mentioned above, the property should bring a stream of expected future economic benefits or potential service provider. IFRIC 12 concludes that the use of the property, subject to these agreements governed by this interpretation, not controlled by the operator (ie does not meet the definition of an operator). IFRIC 12 covers only private operator accounting for and does not address the benefits flow from the property to the provider. Terms of services as potential future benefits that can come from an asset is the main difference between the definition of an asset by IPSAS 1 and that by the IASB framework, which focuses only on the future economic benefits. "The potential of services" is further explained in paragraph 11 of IPSAS 1 as follows: Property units provide tools to achieve their goals. Assets used to provide goods and services in accordance with an entity's objectives, but that does not directly generate net cash inflows are often described as containing "service potential". For example, a street where no fees apply for transfer is considered as an asset because the government provides services in order to achieve the government's objectives in relation to transport although not generate future economic benefits for the government. Generally, governments enter into such agreements concession to meet service objectives through the construction, renovation or improvement of property subject to the agreement. In this way, the property subject of the contract is intended to provide benefits to the provider, relating to the potential of their Prof. Asoc. Dr. Hysen Cela Kledi Kodra, FCCA PUBLIC AUDIT 273 ALSAI services even if the property does not provide any future economic benefit. Although the main motivation of providers to enter into such an agreement is economic benefit, for example to get an influx of cash in advance in exchange for the rights to operate a route, the underlying assets of the agreement will continue to be used to achieve government objectives it will only be operated by the private operator, so it will offer potential benefits from its service provider.. Further, it can be argued that when the provider controls the wealth, wealth operator, operates deeply on behalf of the provider, in this case it is a supplier of services to the concession provider. Economic risks and benefits assumed by the operator through an agreement, can be similar to a seller in a service contract. They are different from the risks and benefits incidental to ownership of the property. However, the economic risks and benefits may be associated with an active private operator reported as a result of "access" to own property. For example, an operator may report intangible assets under IFRIC 12 as receivables in the future, depend on the public use of the service. Current proposals by the Board of IPSAS, which can be adopted as practical in our country, suggest that the concession provider should report the asset in its financial statements, if it is considered that controls the property for financial reporting purposes. Proposed criteria for determining the control of the provider are as follows: The provider controls what services the operator must provide with respect to property subject to the agreement, to whom must offer these services, prices associated with these services, etc. Provider controls, through ownership or through any other cause the residual interest in real time at the end of the agreement. According to the Board, the providers control over the underlying assets of the agreement, proves that he remains responsible for providing direct or indirect services to the public, which relate to an asset. Keeping the risks and benefits of providers, shows that the latter expects to receive from the wealth, service opportunities in the future. Other aspects of accounting For agreements that meet the proposed criteria of control, it is good practice to use the requirements of IPSAS 7, regarding the timing of recognition of the asset (during construction or only when the asset becomes accessible) and liability relating to this active, in fact reflects the obligation of providers to compensate the operator in relation to the property (asset). Recognition criteria are met during construction, if the value in the process of building up to that moment, can be measured reliably. This applies when the provider bears the risk of building, or both parties may waive the agreement when they want to do so without being penalized. If none of these scenarios is not met, then the recognition criteria are unlikely to be met until construction is complete. For arrangements where the elements of construction and the service can be shared within the scheduled payments from the providers, the IPSAS Board has PUBLIC AUDIT Accounting for Concession Agreements under International Accounting Standards for the Public Sector 274 No.4, January April, 2013 proposed that yields, asset and liability occur with lesser amount between the fair value and the present value payments related to construction. After initial recognition, the asset must be held by IPSAS 17 (ie accounted for depreciation, impairment and subsequent measurement using fair value or cost). Liability should be measured in the same way as a liability measured emanating from a financial lease, after initial recognition, it should be recognized as a financial liability for reporting purposes. Re payments for this debt service should be recognized in profit / loss when incurred. In cases where the payment elements are not separable, the Board has proposed that the property might be reported with its fair value with the corresponding liability. Scheduled payments under the service concession arrangement should be divided into (a) the repayment obligation (b) financial cost implicit in the agreement and (c) operating costs, to reflect the services element of the agreement. Measurement and reporting of assets after initial recognition, should be similar to the arrangements for which payments are already separable as above. The provider’s financial report when the control proposed requests, are not accomplished. If for some concession agreement is not met any of the criteria proposed by control, as discussed above, the provider shall not recognize the asset in the underlying assets of this agreement. Consequently, any payment to be made for MK is a service and not for wealth / property, and therefore should be spent according to the economic benefits of service. Also, if the property exists and is held as an asset by the provider, according to IPSAS 17, it should be deregistered. For concession agreements in which the provider only controls the use of property in the agreement (for example in the form MK owned construction BOO operation), the tenant must follow the instructions in IPSAS 13 if the agreement meets the conditions of a lease. If the provider only controls the use of property in the agreement and the agreement does not meet the requirements of a finance lease, because the provider retains ownership at the time of the agreement, the provider must report the property as an asset. If the agreement includes a newly built property, the property and liability associated with it, will be reported and measured as described above in connection with the provider financial reporting, when control criteria are met. At the end of the agreement remaining, carrying value of the property, shall be derecognized reflecting the transfer of property to the operator. If the agreement does not meet the conditions of a financial lease and the provider is not the owner of the property, then it will not be recorded as an asset and any payment in connection with this property / asset, shall be comprised an an expense of the period. Agreements relating to assets / properties newly constructed, where the provider does not control the use of the asset / property in the agreement, but instead controls the residual interest to the asset / property at the Prof. Asoc. Dr. Hysen Cela Kledi Kodra, FCCA PUBLIC AUDIT 275 ALSAI end of the agreement (for example agreements BOOT), the provider reports as a plus value the asset that arises from the difference between the expected fair value of the property at the end of the agreement and the amount the provider will require them to pay for the property restitution. This active amounts in the accounts of payments, is made gradually by the payments for the provider to the operator, throughout the life of the agreement. For existing arrangements involving assets in which the provider does not control the use of property at the time of the agreement, but instead controls the residual interest at the end of the agreement, the Board proposes to follow the instructions that apply to landlords by IPSAS 13, if the agreement meets the definition of a lease. If the deal does not meet this definition, the provider cancels the property asset, as an asset and recognizes the obligation of the operator to return the property at the end of the agreement. This asset should be recognized at fair value of the property at the end of the expected life of the agreement. Loss or gain from derecognizing of the asset is reported as profit or loss in the period in which the agreement enters into force Download 30.22 Kb. Do'stlaringiz bilan baham: |
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