Rezerwy na restrukturyzację w ujęciu bilansowym i podatkowym
The reserves for restructuring in the ligth of accounting and tax regulations

Summary/Abstract: The reserves related to the restructuring of enterprises are largely dependent on the restructuring plan, which contains rough, estimates of the amounts of future liabilities. However, in the Accountancy Act, merely one paragraph is devoted to the reserves. Analysis of the statutory provisions related to the restructuring shows that the solutions used in financial statement preparation according to the Polish Act are slightly different from the provisions agreed on the basis of MSSF. The Accountancy Act introduces some strict limits – in order to create a reserve fund, the organisation must be obliged to execute the restructuring as stipulated in relevant legal regulations or a binding agreement. The formal plan required by MSR 37 may, but it is not necessary, be binding for the organisation which is being restructured. On the basis of MSSF, the organisation’s intentions and the potential to execute the plan are of highest importance; while according to the Polish Act, the legal obligation must occur. By contrast, MSR 37 requires to make both parties, involved in the plan, interested in its execution, which is not obligatory in the Polish law. Creation of reserves for the restructuring is a sign of caution in the preparation of the financial statement. The prudence principle, so important in the accounting law to shape the actual resultant amount, is negated by the tax law. The tax law focuses on the fiscal aspect and hence it discards the prudence principle and fails to recognise the restructuring reserves as the organisation’s cost incurred to gain profit.

• Details
• Contents