Obligation Type
Present Obligation
Does a present obligation exist from a past event?
IAS 37 Provision Assessment Toolkit — free PDF
Complete audit toolkit: IAS 37 recognition decision flowchart, measurement methodology guide, discounting worked examples, disclosure checklist, provision type cheat sheet, and journal entry templates.
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IAS 37.14 — A provision shall be recognised when: (a) an entity has a present obligation from a past event; (b) it is probable that an outflow will be required; (c) a reliable estimate can be made.
IAS 37.36 — The amount recognised shall be the best estimate of the expenditure required to settle the present obligation at the end of the reporting period.
IAS 37.39 — Where there is a large population of items, the obligation is estimated by weighting all possible outcomes by their associated probabilities (expected value).
IAS 37.45 — Where the effect of the time value of money is material, the amount of a provision shall be the present value of the expenditures expected to settle the obligation.
IAS 37.72 — A constructive obligation to restructure arises only when an entity has a detailed formal plan and has raised a valid expectation in those affected.
IAS 37 Application in United Arab Emirates
The United Arab Emirates applies IAS 37 Provisions, Contingent Liabilities and Contingent Assets as issued by the International Accounting Standards Board (IASB). IFRS is the required financial reporting framework for entities listed on the Abu Dhabi Securities Exchange (ADX) and the Dubai Financial Market (DFM), as mandated by the Securities and Commodities Authority (SCA). The UAE's Federal Decree-Law No. 32 of 2021 on Commercial Companies and its implementing regulations require companies to prepare financial statements in accordance with internationally recognised accounting standards, which in practice means IFRS. The Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM), as financial free zones, also require IFRS. The UAE's economic profile, characterised by significant real estate development, oil and gas operations, construction, hospitality, and financial services, creates distinctive provision scenarios. UAE entities frequently deal with provisions for construction defect liabilities, real estate project obligations, employee end-of-service benefits (though these are primarily under IAS 19), environmental obligations in the oil and gas sector, and litigation arising from commercial disputes under UAE civil law.
SCA / IAASB Regulatory Expectations
The SCA oversees financial reporting compliance for listed entities on the ADX and DFM and has issued regulations requiring IFRS-compliant financial statements. The SCA has examined provision disclosures as part of its financial reporting review programme, and has noted that some UAE entities provide insufficient detail regarding the nature and timing of material provisions. The DIFC's Dubai Financial Services Authority (DFSA) and the ADGM's Financial Services Regulatory Authority (FSRA) supervise financial reporting for entities operating within their respective free zones. The UAE's audit profession is regulated under Federal Law No. 12 of 2014 on the Regulation of the Auditing Profession, with the Ministry of Economy (MoE) licensing audit firms. The UAE has not established a dedicated public audit oversight board comparable to those in mature markets, although the SCA and free zone regulators perform some oversight functions. International audit networks operating in the UAE apply ISA as issued by the IAASB, and the quality of provision auditing varies across the market. The Emirates Securities and Commodities Authority has progressively enhanced its enforcement of IFRS compliance, with provisions and contingent liabilities being areas of increasing regulatory focus.
Practical Guidance for United Arab Emirates
UAE entities applying IAS 37 should consider the specific legal and commercial framework governing obligations in the UAE. The UAE Civil Code (Federal Law No. 5 of 1985) governs contractual and tortious obligations and applies a civil law framework derived from Egyptian and French civil law traditions. For construction and real estate entities, decennial (10-year) liability under Article 880 of the Civil Code creates legal obligations for structural defects that may give rise to material provisions. Real estate developers in Dubai must also consider obligations under RERA (Real Estate Regulatory Agency) regulations, including service charge obligations and defect rectification requirements. For oil and gas entities operating under concession agreements with ADNOC or other national oil companies, decommissioning and site restoration obligations arise from the concession terms and UAE environmental regulations, including Federal Law No. 24 of 1999 on Environmental Protection and Development. The discount rate for long-term provisions should reference UAE government bond yields or US Treasury yields (given the AED-USD peg) adjusted for the time horizon and risk characteristics of the liability. UAE employment law under Federal Decree-Law No. 33 of 2021 on Labour Relations creates specific obligations for employee end-of-service gratuity and termination costs relevant to restructuring provisions.
Audit Expectations
Audit quality for provision estimates in the UAE is an area where significant improvement is needed, as identified by SCA reviews and international audit firm quality reviews. Common findings include insufficient challenge of management's provision estimates, particularly for construction defect provisions and real estate project obligations, inadequate testing of the completeness of the provision population, limited independent assessment of the legal basis for provisions under UAE civil law, and insufficient evaluation of discount rates for long-term provisions. UAE auditors should apply ISA 540 on auditing accounting estimates with appropriate rigour, engaging legal specialists familiar with UAE civil law when evaluating litigation provisions, and construction or engineering specialists when assessing construction defect provisions. The absence of a fully developed public audit oversight regime in the UAE places additional responsibility on audit firms to maintain quality through their internal quality management systems. For entities operating in DIFC and ADGM, the DFSA and FSRA audit oversight standards provide an additional layer of quality expectation. UAE auditors should ensure they obtain and evaluate external legal confirmations from the entity's UAE-qualified lawyers for material litigation provisions.
United Arab Emirates-Specific Considerations
UAE-specific IAS 37 considerations include the distinctive legal framework based on UAE civil law, which differs from common law systems in its approach to obligations and remedies. The UAE Civil Code's decennial liability provision (Article 880) creates a 10-year structural defect guarantee for buildings and major structures, which is a significant source of provisions for construction and real estate development entities. UAE labour law under Federal Decree-Law No. 33 of 2021 creates end-of-service gratuity obligations calculated based on length of service, which interact with IAS 19 but may also give rise to IAS 37 provisions in restructuring scenarios. The UAE's economic reliance on oil and gas creates decommissioning obligations for offshore platforms, onshore facilities, and pipelines, governed by concession agreements and ADNOC requirements. The UAE's Emirate-level laws may create additional obligations: for example, Abu Dhabi's environmental regulations through the Environment Agency Abu Dhabi (EAD) and Dubai's municipal regulations through Dubai Municipality. The UAE Corporate Tax regime introduced by Federal Decree-Law No. 47 of 2022 may create provisions for uncertain tax positions, particularly during the early years of the regime's implementation. The Sharia-compliant business structures prevalent in the UAE, including Murabaha and Ijara arrangements, may create provision scenarios that require careful analysis of the underlying obligations.
Common Audit Inspection Findings — United Arab Emirates
Construction defect provision estimates not adequately challenged — auditor accepted management's cost estimates without engaging specialist quantity surveyors or engineers
Completeness of litigation provisions not adequately assessed — pending civil law claims not evaluated for provision recognition under IAS 37
Decommissioning obligations under oil and gas concession agreements not independently assessed — provision measurement assumptions not corroborated against concession terms
Discount rate for long-term provisions not evaluated in context of AED-USD peg — rate not referenced to US Treasury yields or UAE government bond yields
Decennial liability provision under Article 880 of the Civil Code not assessed for material construction projects — 10-year structural guarantee obligation not reflected in provision balance