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The concept of short workings
           Short working is that amount by which the minimum rent exceeds actual royalty. In
           some periods, the actual royalty may be higher or lower than the minimum rent. Short
           working occurs when the lessee is required to pay more (minimum rent) for the royalty

           than what is actually earned. For example, an author of a book enters into a contract
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           with the publisher to sell his books on copyrights agreement. The contract binds the
           publisher to pay a royalty fee of TZS 8,000 per book sold or TZS 6,000,000 as minimum
           rent. During the year 2024, the publisher sold 680 copies of books at TZS 10,000 each,
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           making the total revenue of TZS 6,800,000. In this case actual royalty is TZS 5,440,000
           being (680x8000), while minimum rent is TZS 6,000,000. Therefore, the lessee will
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           pay the minimum rent, short workings being equal to TZS 560,000 (TZS (6,000,000 –

           5,440,000)).  However, certain contracts do not provide for minimum rent. In this case,
           actual royalties are paid and therefore the issue of short working does not arise.

           Surplus
           When the actual rent is higher than the minimum rent, the difference is called surplus.
           Consider the previous example under short workings, and assume that the lessee managed

           to sell 1,000 copies of the book. In this case, the total revenue is TZS 10,000,000, paying
           TZS 8,000,000 as royalty. The surplus payment over minimum rent is therefore TZS
           2,000,000. In example 6.1, short workings would appear in the second year, and this
           would be TZS 4,000,000, while in year 1 there was a surplus of TZS 12,000,000. See
           the table below:
           Analysis table

                    Quantity in     TZS       Actual     Minimum       Royalty       Short
             Year                             royalty       rent         paid      workings
                       litre     per litre     TZS          TZS          TZS         TZS

            1      48,000        1,000      48,000,000  36,000,000   48,000,000   -

            2      32,000        1,000      32,000,000  36,000,000   36,000,000   4,000,000

           Recoupment of short workings
           Usually, a royalty agreement provides a provision for carrying forward the short workings
           with a view to make adjustments in future surplus. If the lessee has paid for short
           workings during the previous period, the royalty agreement may give the lessee the
           right to recover such short workings in the subsequent favourable years. This process is
           known as recoupment and that right is called right to recoupment. Usually in a contract
           where there is provision of minimum rent, there is also a provision of recoupment of
           short workings. The lessee can accumulate the short workings for a period of time until


            Student’s Book Form Five
                                                   163




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