Special terminologies in Royalty Accounts Landlord, Tenant, Output, Minimum Rent/Dead Rent, Short Workings, Recoupment of Short Workings

Royalty accounts refer to the financial records and statements that track royalty payments made by a licensee to a licensor for the use of intellectual property or natural resources. They ensure accurate accounting of revenues, expenses, and obligations.

1. Landlord (Lessor)

Landlord, also known as the lessor, is the owner of the property, asset, or natural resource being leased. In royalty agreements, the landlord grants the tenant the right to extract resources (such as minerals or oil) or use intellectual property in exchange for royalty payments. The landlord benefits by receiving periodic payments based on the usage or output from the leased property or asset.

2. Tenant (Lessee)

Tenant, also referred to as the lessee, is the party that obtains the right to use the landlord’s property, resource, or asset by making royalty payments. The tenant may be a company or an individual that uses the property or asset for activities like mining, production, or intellectual property usage. The tenant’s obligation is to pay royalties to the landlord based on an agreed formula, typically related to production or revenue.

3. Output

Output refers to the total quantity of production or extraction that occurs from the resource or asset being leased. For example, in a mining operation, the output could refer to the quantity of minerals extracted from the mine. The royalty payments made by the tenant to the landlord are often calculated as a percentage of this output, or based on the revenue generated from the sale of the output.

4. Minimum Rent (Dead Rent)

Minimum Rent, also known as Dead Rent, is the minimum amount of royalty the tenant must pay to the landlord, regardless of the level of production or output. Even if the output is low or zero, the tenant is obligated to pay this minimum amount. The purpose of dead rent is to ensure that the landlord receives a guaranteed payment, even during periods of low production. In years of high output, royalties are calculated based on production, but if production falls short, the tenant still pays the minimum rent.

5. Short Workings

Short Workings occur when the actual royalty based on output is less than the minimum rent (dead rent) payable by the tenant. In such cases, the tenant is still required to pay the minimum rent, but the difference between the minimum rent and the actual royalty is referred to as short workings. Short workings can sometimes be recovered or adjusted in future periods if production increases.

6. Recoupment of Short Workings

 Recoupment of Short Workings is a provision in royalty agreements that allows the tenant to recover or adjust the short workings against future royalty payments when output levels increase. If the actual royalty in subsequent periods exceeds the minimum rent, the tenant can offset the previous short workings by paying the lower royalty amount until the short workings are fully recouped. There is usually a time limit within which short workings can be recouped, beyond which they are considered irrecoverable.

Example:

Suppose the minimum rent is set at ₹100,000 per year, and the actual royalty based on output in a particular year is ₹80,000. The short workings will be ₹20,000 (₹100,000 – ₹80,000). If in the following year the royalty exceeds the minimum rent, say it is ₹120,000, the tenant can recoup the ₹20,000 short workings from the previous year and pay only ₹100,000.