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Checklist4 min readPublished

How to test onerous contract provisions

The procedure for testing onerous contract provisions: identifying contracts where unavoidable costs exceed economic benefits, recomputing the least-net-cost of exit, and testing the provision against actual outcomes.

Testing an onerous contract provision means independently recomputing, for each contract identified as potentially onerous, whether the unavoidable costs of meeting the contract's obligations exceed the economic benefits expected to be received under it, measuring the provision at the least net cost of either fulfilling the contract or exiting it including any compensation or penalty for non-performance, and then checking the prior year's provision against what actually happened during the year.

Where this test tends to be skipped

Onerous contract provisions surface most often in long-term supply agreements, fixed-price construction or service contracts affected by cost inflation, and leases or capacity commitments tied to demand that has fallen. The common failure is relying on management's assertion that a contract 'is still profitable overall' without recomputing the specific unavoidable-cost comparison the standard actually requires.

The testing sequence

  1. 01Identify candidate contracts from sources other than management's own listLoss-making product lines, suppliers or customers flagged in management accounts, fixed-price contracts affected by known cost increases, and capacity or take-or-pay commitments tied to demand that has declined.
  2. 02Obtain the contract terms and separately identify the unavoidable costsThe lower of the cost of fulfilling the contract and any compensation or penalty from failing to fulfil it — this is the 'unavoidable cost' baseline, and it is not simply the full remaining cost of performance if a cheaper exit exists.
  3. 03Recompute the economic benefits expected under the contract independentlyRemaining contracted revenue or in-kind benefit, using the entity's own current forecast assumptions, tested for consistency with other forecasts used elsewhere in the financial statements, such as impairment testing.
  4. 04Compare unavoidable cost to expected benefit and determine whether the contract is onerousOnly the excess of unavoidable cost over expected benefit is provided for; a contract that remains net favourable, even if less profitable than budgeted, is not onerous and should not carry a provision.
  5. 05Recompute the provision at the least net cost of fulfilling versus exitingWhere an exit option exists — a termination payment, a penalty clause — compare its net cost to the net cost of continuing to perform, and provide for the lower of the two.
  6. 06Trace any asset dedicated to the contract for a prior impairment testBefore recognising a separate onerous contract provision, confirm any impairment loss on assets dedicated to the contract has already been recognised, since the two are tested in sequence, not independently of each other.
  7. 07Compare the prior year's provision to what actually happened during the current yearAmounts utilised, released, or found inadequate are evidence about whether the estimation approach is reliable, and a pattern of releases or top-ups should prompt scrutiny of the current year's assumptions.
The onerous contract test
ElementBasis
Unavoidable cost of the contractLower of cost to fulfil and cost/penalty to exit, recomputed from contract terms
Expected economic benefitCurrent forecast, consistent with assumptions used elsewhere in the accounts
Provision requiredExcess of unavoidable cost over expected benefit, if any
Prior year outcome checkUtilisation and release of last year's provision compared to the estimate made
The onerous contract test

Regulatory requirement

Ind AS 37 defines an onerous contract as one where the unavoidable costs of meeting the obligations exceed the economic benefits expected to be received, and requires measurement at the least net cost of fulfilling or exiting the contract. Verify the current text before concluding.

How we think about this

The comparison of unavoidable cost to expected benefit is a computation that should be rebuilt from the contract terms for every candidate contract, not accepted from a management summary. The forecast assumptions feeding both sides of that comparison are where judgement actually lives, and they deserve the same scrutiny as any other forward-looking estimate in the file.

This is practical guidance written for audit teams, not an authoritative statement of any standard or statute. Standards, forms and timelines change. Check the current text issued by the ICAI and the relevant authority before relying on anything here in an audit file.

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