BIM31050 - Tax and accountancy: FRS5: reporting the substance of transactions

FRS5: reporting the substance of transactions FRS5, entitled 'Reporting the substance of transactions' is mandatory for accounts periods ending on or after 22 September 1994. The use of this FRS for earlier periods is also recommended.

The principle in FRS5 is that economic substance takes precedence over legal form. This theory and practice was not all new in 1994, for example SSAP21 (first introduced in 1984) applies the principle to finance leases. See BIM61000+ and FLM4.28 onwards for further details of the application with regard to finance leases.

FRS5 extended the emphasis on the true business effect of transactions, whatever their legal form much wider than in SSAP21. Whether or not formal title to an asset is held is largely irrelevant to the need to recognise it in the balance sheet. Similarly the need to recognise a liability is not simply determined by an enforceable commitment to make a future payment. If a concern has no realistic alternative to making the payment then equally the liability should be recognised.

Assets are defined as rights or other access to future economic benefits controlled by an entity as a result of past transactions or events. The future benefits would include the right to use the asset and to enjoy the proceeds on its disposal or realisation. Liabilities are defined as an entity’s obligations to transfer economic benefits to others as a result of past transactions or events.

The importance of these economic definitions lies in determining whether new assets or liabilities have been created or whether there have been changes to existing assets. None of this will affect the total profits recognised over the life of a business but it will affect the timing of those profits.

The standard is backed up by a series of application notes covering particular situations. These are:

  • Consignment stock,
  • Sale and repurchase agreements,
  • Factoring of debts,
  • Securitised assets,
  • Loan transfers,
  • Private Finance Initiative and similar contracts (from 1998).