Tuesday, 26 July 2016

Kelly’s Shoes Limited used to be a major store in Canada before

Kelly’s Shoes Limited used to be a major store in Canada before it went bankrupt and was bought by Bears Shoes Limited. Many of the stores were anchor tenants in medium- to large-sized retail shopping malls. This space was primarily leased under non-cancellable real estate leases as disclosed in note 16 to the consolidated financial statements. Aggregate commitments under both capital and operating leases amounted to over $1.3 million. As part of Kelly’s restructuring and downsizing plans prior to its bankruptcy, the company announced at the beginning of the year that it planned to close down 31 of its 85 stores by June 30. Subsequently, it announced that it might keep certain stores open until February in the following year if the landlords were prepared to provide an appropriate level of financial support. Kelly’s also announced that landlords who allowed the stores to close June 30 (the earlier date) would be given a bonus of three months of rent.

Instructions
Assume the role of Kelly’s management and discuss the financial reporting issues that the company had to deal with before its bankruptcy. Discuss any differences between IFRS and ASPE.


Overview

-       Not clear whether GAAP is a constraint but users will likely want GAAP financial statements since they provide more useful information. Differences between IFRS and ASPE are provided as requested.
-       Landlords in particular might want to see the financial statements in order to help negotiate the restructuring.
-       In addition, creditors and shareholders would be interested in transparent statements.
-       As management – would want to show a realistic picture of the state of affairs. May be biased to make the situation look at bit worse so as to be in a better negotiating situation.

Analysis and Recommendations

Issue: How to account for the three months bonus of free rent/costs of cancellation. Not clear as to whether operating or capital leases (termination of a capital lease would result in removal of assets/liabilities with a gain/loss recognized).

Accrue costs
Do not
-       If likely that the costs would be incurred and measurable. Per IAS 37 – present obligation as a result of past transaction, probable outflow and measurable (essentially the same as ASPE).
-       In this case— the leases are non-cancellable and therefore, it is likely that there would be costs to break the lease.
-       The key would be whether these are measurable – would depend on stage that negotiations were in.


-       Measurement may be an issue since each landlord might make a different deal.
-       Some landlords may even be willing to provide financial support to the company to keep the stores open as long as possible— cannot accrue this benefit until received (contingency accounting).
-       An exit plan by itself does not necessarily create an obligation.
-       Would wait until contracts are actually terminated.


Recommendation: It would appear that the negotiations were at a very preliminary stage and that the landlords might have been willing to offer some inducements/concessions to the company to stay longer. Therefore, the outcome of the uncertainty was not yet determinable and recognition would not be recommended. This would be further supported since, even if it were argued that the costs were likely, it is difficult to measure the cost. At the one end of the spectrum, the landlords could require the full commitment to the end of the lease be honoured. At the other end, the landlord might agree to a lesser amount, i.e., the company would pay rent until a new tenant is found.