Provizioane pentru reabilitarea mediului – recunoaştere şi deductibilitate

Abstract

In the last few years, more and more countries adopted laws for environmental protection, which has important financial implications for companies. Because of this reason, the needs of the investors, creditors, business partners, etc. determined the organisms of accounting normalization and the accounting organizations to deal with this matter. Therefore the international regulation IAS 37“Provisions, Contingent Liabilities and Contingent Assets” deals with provisions for the restoration of the contaminated areas and the restoration of the site at the end of the works. The regulation recommends the making of these provisions if certain recognition criteria are met. An event that does not give rise to a present obligation immediately may do so at a later date, because of changes in the law or because an act (for example, a sufficiently specific public statement) by the entity gives rise to a constructive obligation. For example, when environmental damage is caused there may be no present obligation to remedy the consequences. However, a present obligation arises if a new law requires the existing damage to be rectified or if the entity publicly accepts responsibility for rectification in a way that creates a constructive obligation. When a new law is proposed, a present obligation under the operation of that law arises only when the law is substantively enacted, which is when the remaining steps in the enactment process will not change the outcome. Differences in circumstances surrounding enactment make it impossible to specify a single event that would make legislation substantively enacted in all jurisdictions. In some cases, substantive enactment does not occur until the legislation is actually enacted. We also have to have in mind that the moment the accounting provision recognition conditions are fulfilled does not always coincide with the time when their fiscal deductibility is admitted. In this paper we shall approach the issues of the recognition and the deductibility of such provisions.