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Leasing

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Basic Concept of Leasing, Types of Leasing, Benefits of Leasing

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Leasing

  1. 1. LEASIN G MohammadMaksudulHuqChowdhury
  2. 2. LEASING Leasing is a typical financing arrangement. It is an agreement which allows one party to use the asset without having the title of it. From an economic perspective, leasing can be defined as “a contract between two parties where one party (the lessor) provides an asset for usage to another party (the lessee) for a specified period of time, in return for specified payments” (Fletcher et. al., 2005). This is also reflected in accounting-related definitions: According to the Accounting Standard IAS 17 “a lease is an agreement whereby the lessor conveys to the lessee in return for a payment or series of payments the right to use an asset for an agreed period of time”.
  3. 3. LEASING Leasing is referred to as asset based financing. As lessors retain ownership of the assets they lease throughout the life of the contract, these leased assets are therefore an inherent form of collateral in such contracts. Conventional bank lending focuses on the loan repayment by the borrower from two sources: a primary source, the cash flow generation, and a secondary source, credit enhancements and collateral. Leasing is focused on the lessee’s ability to generate cash flows from the business operations to service the lease payments, as the lessor retains legal ownership of the asset.
  4. 4. LEASING Hence, leasing separates the legal ownership of an asset from its economic use. Ownership of the asset may or may not pass to the customer at the end of the lease contract. Contracts, where legal ownership of the asset passes directly to the customer at the start of the agreement, are not considered to be leases.
  5. 5. Parties of Leasing There are two parties: Lessor : Owner of the asset at the beginning of the contract Lessee : User of the asset.
  6. 6. Why Do We Go for Leasing 1. Facilitates the acquisition of needed equipment. 2. Makes available funds that would otherwise be tied up in the ownership of fixed assets. 3. Possible tax advantages. 4. Possible improvement of the statement of financial position (B/S).
  7. 7. Types of Leasing Four most important types: 1. Operating/Service lease, 2. Financial/Net lease, 3. Sale and lease back and 4. Combination lease.
  8. 8. Operating/Service Lease 1. Provides for both financing and maintenance 2. Not fully amortized. Lessor expects to recover all costs from subsequent renewal payments or residual values on disposal. 3. Often gives the lessee the right to cancel the lease before term. 4. Lessor bears the risk of obsolescence. 5. Used for both customized equipment/asset and standard equipment/asset.
  9. 9. Financial/Net Lease 1. Does not provide for maintenance service. 2. Not cancelable. 3. Generally fully amortized. Added rent to the lessor. 4. Lessee bears the risk of obsolescence. 5. The lease happens through a leasing company buying a new equipment chosen by the lessee. 6. Used for Standard type of equipment/asset.
  10. 10. Sale and Leaseback 1. Under a sale and leaseback, a firm that owns a property sells it to another firm and simultaneously executes an agreement to lease the property back for a stated period. 2. An alternative to a mortgage. 3. Considered as a special type of financial lease.
  11. 11. Combination Lease It combines some features of different types of lease.
  12. 12. Leasing Credit Criteria, Terms & Rates Lease financing techniques and terms differ depending on: • the lessor, • the length of lease, • the equipment or assets leased and • the prevailing interest rate.
  13. 13. Leasing Credit Requirement The standards of granting lease are similar to lending • But less stringent than borrowing. • Lessor is interested in: a. Financial condition of lessee and b. Other pertinent business information. • Generally leasing companies are less restrictive than bank with respect to documentation and financial strength of lessee. • Primary considerations of a leasing company a. Intrinsic value of the equipment b. Marketability of equipment c. Cash flow of lessee
  14. 14. Length of Lease Period • Length of lease period is between 2 years and 10 years in majority cases. • Leases for less than 3 years are usually for rolling stock (trucks, forklifts etc.) and office equipments (computers, photocopiers etc.).
  15. 15. What can be done after the expiry of lease terms? Three alternatives for the lessee: • New lease with a new asset. • Purchase the property from lessor for residual value. • Renew the lease for residual rent.
  16. 16. Alternatives after Lease Period • New Lease with New Asset is the right choice when the asset is rapidly changing in cost and efficiency (e.g. computers get obsolete). • Purchase the Property at a Residual Value (Original Cost + Interest) – (Rents Paid) - FASB defines residual value as the fair market value at the end of lease term. - No set practices determining the residual purchase prices, but typically 10% of original cost is charged.
  17. 17. Alternatives after Lease Period • Purchase the Property at a Residual Value (Continued) - The use of fixed purchase price option may prevent classification of lease agreement a true lease for tax purpose. Thus it may remove some of the depreciation and investment credit options available to lessor. • Renew the lease at reduced rent: This option would be exercised if doubt remained about whether to purchase the asset. - Generally, renewed leases require reduced rent (2-5% of original list price) - Sometimes renewed leases incorporate declining rent.
  18. 18. Lease Rates • Lease rates vary widely depending on the risks involved. • More specialized the equipment, higher the risk. • Longer lease term, higher the risk to the lessor. • Often Add-on-Interest method is applied in determining lease rates.  Add-on-percentage is multiplied by the contract term (in years) to get the total charge. For example, 5% add-on interest for Tk.200,000 in 6 year lease. Add-on-amount = (6 x 5% of 200,000) = Tk.60,000 Total Charge = 200,000 + 60,000 = 260,000 The add-on is often quoted as a separate increment to the contract.
  19. 19. Lease Rates  Sometimes, lease rate is quoted as a certain percentage of original cost per month. For example, 2% of the cost of equipment per month is approximately equal to 5% add-on). For an asset of Taka 200,000, monthly rent = Taka 4,000 When the lessee has high credit rating, lease agreement may be written on a simple interest basis.  Companies with substantial taxable income sometimes enter into leasing business to get depreciation and investment tax credit.
  20. 20. Lease Rates  As a result, interest rate charged in leasing may be below the rates for long-term loans. - However, the lessee is giving up the tax benefits arising from depreciation.  So, leasing is primarily advantageous for a lessee who is unable to use depreciation deductions and investment tax credits.
  21. 21. Reserve and Setup Charge Lessee required to put up a lease deposit equal to first and last month’s rent (lease payment) for each year of the contract life. If lenient, lessor might charge 2 months’ rent + setup charge or security deposit.
  22. 22. TAX ASPECT OF LEASING To determine the type and character of tax deductions, a lessee must determine whether the lease agreement is a true lease or a conditional sales contract. - If the agreement is a true lease, the lessee may deduct rental payments for tax purpose. If the agreement is a conditional sales contract the payments will be considered payments for the purpose of acquiring the property and deductions will be allowed for depreciation and possibly interest expense.
  23. 23. Conditional Sales Contract A lease agreement is called conditional sales contract if it meets any of the following conditions. 1. Portions of the periodic payments are specifically applicable to an equity to be acquired by the lessee. 2. Title will be acquired upon payment of a stated amount of rentals. 3. The total payments required for a relatively short period of use constitute an excessively large fraction of the total amount required for having the title of the asset.
  24. 24. Conditional Sales Contract 4. The agreed rental payments materially exceed the current fair market rental value for the same asset. 5. The property may be acquired under a purchase option or the price is relatively small when compared to the total payments the lessee is required to make.                      termlease theofendat the propertyofValue option purchase underPrice
  25. 25. Conditional Sales Contract 6. Some portion of the periodic payment is specifically designated as interest or is otherwise readily recognizable as the equivalent of interest. 7. Title will be acquired on payment of aggregate amount that approximates the initial sales price, plus interest and carrying charges at which the lessee could have purchased the equipment when entered into the agreement.               chargescarryinginterest priceSalesInitial Amount Aggregate
  26. 26. Leveraged Leases Leveraged leases involve three parties – lessor, lessee and a lender to the lessor. Usually these leases are financial leases (Lessee covering maintenance, insurance and taxes). • Lease term covers a large portion of the useful life of the leased property. • Lessee’s payments to the lessor are sufficient to discharge the lessor’s payments to the lender.
  27. 27. Bona Fide Lease Transactions 1. The term should be less than 30 years, otherwise the lease may be regarded as a form of sale. 2. The rent should represent a reasonable return to the lessor. 3. The renewal option should be bona fide. 4. There should be no purchase option, or if there is one, the lessee should merely be given parity with an equal outside offer.
  28. 28. LEASING VS. OWNERSHIP There are three major alternatives to finance an asset: 1. A lease agreement 2. An installment sales contract 3. A term loan secured by a mortgage
  29. 29. LEASING VS. OWNERSHIP Total advantage to be derived from an alternative depends on: 1. interest expense, 2. depreciation, 3. investment tax credit 4. time value of money 5. potential capital gain due to higher salvage value. Nevertheless, in many cases, the advantages of leasing may outweigh ownership.
  30. 30. Cost of Capital Tied up in Purchase In other techniques of financing an asset may cost less than leasing, but capital is tied up in property acquisition. For a growth company, any money freed by leasing (instead of purchasing) may earn a high rate of return.
  31. 31. Balance Sheet Implications of Leasing Two possibilities exist to maximize financial leverage through leasing under operating leases: 1. It is possible for firms to obtain more money for longer terms under a lease agreement than under a secured loan agreement for the acquisition of the asset. 2. Leasing may not have as much of an impact on future borrowing as would current borrowing.
  32. 32. Balance Sheet Implications of Leasing Firm X -Purchase Assets Capital & Liabilities Before After Before After Assets 200 300 Debt Equity 100 100 200 100 Total 200 300 200 300 Firm X -Firm Y - Lease Assets Capital & Liabilities Before After Before After Assets 200 200 Debt Equity 100 100 100 100 Total 200 200 200 100
  33. 33. Accounting for Leases: Lessee’s Standpoint Leases treated in 2 ways 1. Capital Leases i.e. purchase of assets 2. Operating Leases (all other leases)
  34. 34. Criteria for Capital Lease • Transfer of ownership at the end of term • Lease contract contains a bargain purchase option (price < fair market value at option date) • Term is >= 75% estimated economic life of property • {PV of lease payments- executor costs}>= 90% of the excess of fair value of the leased property
  35. 35. Issues Relating To Accounting For Leases Fair Value: • Fair value is defined as the price for which property could be sold in an arm’s-length transaction between unrelated parties. • It is the normal selling price (less discount) of a manufacturer/dealer and cost for the non- manufacturer/non-dealer. • It is determined at the inception of the lease.
  36. 36. Issues Relating To Accounting For Leases • The estimation of fair value is important because: - It is needed to calculate interest rate implicit in the lease, residual value, bargain renewal option, bargain purchase option. - Fair value becomes the upper limit on the amount the lessee may record as an asset for a capital lease.
  37. 37. Issues Relating To Accounting For Leases Economic Life: • The economic life of a property is defined as the estimated remaining period during which the property is expected to be economically usable, by one or more users, with normal repairs and maintenance. • The estimation of economic life is important because it is one of the criteria used to classify lease. Also it has an impact on the residual value.
  38. 38. Issues Relating To Accounting For Leases • The economic life of the leased property is limited by the use for which it was intended at the inception of the lease. (Number of users is not important.)
  39. 39. Issues Relating To Accounting For Leases Residual Value: • The residual value of the leased property is the estimated fair value of the property at the end of the lease term. • Lessee requires the residual value to determine the implied interest rate. • Lessor records the estimated residual value as part of its gross investment in the lease.
  40. 40. Issues Relating To Accounting For Leases • Sometimes, residual value is difficult to estimate because of the unpredictability of future events.  As a result, interest rate charged in leasing may be below the rates for long-term loans. - However, the lessee is giving up the tax benefits arising from depreciation.  Leasing is primarily advantageous for a lessee who is unable to use depreciation deductions and investment tax credits.
  41. 41. TAX ASPECTS OF LEASING • Tax requirements differ from financial reporting requirements. • When the intended lease is treated as a true lease for tax purpose, the lessor reports the rental income from lease and the lessee get tax advantage for the rental payment.
  42. 42. TAX ASPECTS OF LEASING • If a lease is treated as a sale, the buyer (lessee) is entitled to get tax deduction for depreciation expense and interest expense. - The depreciation expense will be computed over the useful life of the asset, not over the lease term. - The lessee’s basis for depreciation is the sum of all amounts that represent a part of the purchase price.
  43. 43. TAX ASPECTS OF LEASING • When the lease is treated as a conditional sale, the lessee is entitled to get investment tax credit. If a conditional sale is deemed to have occurred: - Lessor must show any gain realized on the sale - Required to report interest income, - Not entitled to a deduction for depreciation.
  44. 44. Tax Effects of a Sale and Leaseback: • Because funds are tied up in ownership of assets, a firm may decide to sell the property and lease it back. • Also, some people may place the property in trust for his/ her children and lease it back. This is called gift and leaseback.
  45. 45. Criteria for Tax Advantage Sale and leaseback or gift and leaseback may provide some tax advantages. These transactions will not be recognized if these are done for tax avoidance. Three criteria have been employed in making this determination: a. Lack of Equity Interest: The taxpayer cannot hold title or equitable interest in the property. Keeping a reversionary interest has been construed to represent an equity interest.
  46. 46. Criteria for Tax Advantage b. Business Purpose: A business purpose must be present, with the sale being grounded in economic reality. Whether the rent paid is reasonable, is considered in determining a legitimate business transaction. c. Independent Trustee: In assessing the good faith of a gift to a trust and subsequent leaseback, the independence of trustee is a crucial factor. Tax deductions will not be allowed if the control remains in the hands of the donor.
  47. 47. Conditions that must be fulfilled to treat leveraged lease as a true lease: 1. Minimum At-Risk Investment The lessor must have a minimum at risk investment in the property and that will continue from the beginning through the end of the lease term. 2. No Bargain Purchase Option No member of the lessee group may have a contractual right to purchase the property at less than the fair market value.
  48. 48. Conditions that must be fulfilled to treat leveraged lease as a true lease: 3. No Investment/Lending by Lessee Group No member of the lessee group can invest in the property or lend money to the lessor towards the purchase. 4. Profit Motive Lessor must expect a profit from the transaction apart from any tax advantages.

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