Methods of Recoupment of Short Workings Fixed Method and Floating Method

Recoupment of Short workings refers to the process by which a tenant can recover the difference between the minimum rent (dead rent) and the actual royalty payment when production or output falls short. There are two primary methods for recouping short workings: the Fixed Method and the Floating Method. Each method has its unique characteristics, applications, and implications for both the landlord and the tenant.

Fixed Method

Fixed Method of recoupment involves a straightforward approach to recovering short workings. Under this method, the tenant is allowed to offset the short workings against future royalty payments based on a fixed formula. Here’s how it works:

When the actual royalty earned in a given period is less than the minimum rent due, the short workings are calculated as follows:

Short Workings = Minimum Rent − Actual Royalty Earned

For example, if the minimum rent is ₹100,000, and the actual royalty earned during the period is ₹70,000, the short workings would amount to ₹30,000.

Recoupment Process:

In subsequent periods, the tenant can recoup the short workings amount by reducing their royalty payments. The amount recouped each period is fixed and agreed upon in advance, meaning that the tenant can offset a specific portion of the short workings against their future royalty liabilities.

If, in the next period, the tenant earns ₹120,000 in royalty, they would pay only ₹90,000 (₹120,000 – ₹30,000) after recouping the short workings.

Advantages

• Predictability:

The fixed amount allows both parties to predict future cash flows, making it easier for the tenant to manage cash flow and budgeting.

• Simplicity:

The fixed method is straightforward to implement, requiring less complex calculations compared to other methods.

Disadvantages

• Limited Flexibility:

This method can be restrictive for tenants with fluctuating output levels. If a tenant experiences significantly higher production levels in subsequent periods, they may prefer a more flexible recoupment approach.

• Potential for Underpayment:

If the fixed recoupment is too conservative, the landlord may receive less than expected in royalties if production is consistently high.

Floating Method

Floating Method of recoupment offers more flexibility in recovering short workings by allowing the tenant to adjust the amount of short workings to be recouped based on actual production levels in future periods. This method takes a more dynamic approach compared to the fixed method.

Similar to the fixed method, short workings are calculated in the same manner. However, under the floating method, the tenant can recoup short workings based on a percentage of the output or sales in future periods. The tenant may adjust the recoupment amount depending on their actual performance.

For example, if a tenant has short workings of ₹30,000 and the actual royalty earned in the next period is ₹150,000, the tenant might decide to recoup a percentage of that amount instead of a fixed sum.

Recoupment Process:

The tenant can recoup a variable amount of short workings in future periods based on their revenue. This flexibility allows them to manage their cash flow according to their production capabilities. If the tenant earns ₹150,000 in royalties, they might recoup 50% of their short workings, amounting to ₹15,000, leaving them to pay ₹135,000.

Advantages:

• Flexibility:

The floating method allows tenants to adjust the recoupment based on their financial performance, accommodating fluctuations in production or sales.

• Maximized Payments:

Tenants can maximize their payments in high-production periods while still recovering short workings, ensuring that the landlord receives appropriate compensation based on actual usage.

Disadvantages:

• Complexity:

The floating method requires more detailed tracking and calculations, which may lead to increased administrative costs for both parties.

• Uncertainty for Landlords:

Landlords may face uncertainty regarding their cash flow, as recoupment amounts can vary significantly based on tenant performance.