Under IFRSs IAS 37, a provision is recognized for a legal or constructive obligation arising from a past event, if there is a probable (more likely than not) outflow of resources and the amount can be estimated reliably (IAS 37.14).
In contrast, according to FASB ASC 450-20-25-2, a contingency (provision) is recognized if it is probable (likely) that a liability has been incurred and the amount is reasonably estimated. Scenario 1
(1) Under IFRSs: According to IAS 37.22, the contamination of the land gives rise to a legal obligation for Energy because it is virtually certain the legislation that requires cleanup will be enacted. Also, it is probable that an outflow of resources will be required. Thus, a provision is recognized for the best estimate of the costs of the cleanup. (2) Under US GAAP: In the context of environmental remediation liabilities, it is probable that a liability has been incurred if an assessment related to a environment law has been asserted on or before the financial statements are issued and it is probable that the outcome will be unfavorable (FASB ASC 410-30-25-4).
It is virtually certain that the draft law that requires cleanup will be enacted shortly after the year-end. Thus, a liability/contingency is recognized for the reasonably estimate the cleanup costs. Scenario 2
(1) Under IFRSs: The land contamination gives rise to a constructive obligation because the conduct of the entity has created a valid expectation in other parties that the entity will clean up the contamination (IAS 37.17).
The Research paper on Brownfield Redevelopment Cleanup Environmental Brownfields
A Discussion on: The Evolving Brownfield Situation Real Estate Development Rick Woodruff October 20, 1996 Preface: Stan Wilson and I (Josh Simon), conducted our research on Brownfields together. Upon discussion we realized that our two papers would be almost identical in content. In order to prevent you from reading two similar papers we decided to collaborate our efforts into a single essay. We ...
Also, it is probable that payments are required. Thus, a provision is recognized for the best estimate of the cleanup costs. (2) Under US GAAP: An environmental remediation liability should be recognized if an entity is a potentially responsible party to clean up the contamination and the entity has a record to determine that it is associated with the site (ASC 410-30-25-15).
Thus, a liability/contingency is recognized for the best estimate of the cleanup costs. Scenario 3
(1) Under IFRSs: Under IAS 37.81, a restructuring provision does not include retraining or relocating staff costs because these expenditures relate to the future conduct of the business and are not liabilities for restructuring at the end of the reporting period. No retraining staff cost has taken place
