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Lease classification




                       Question 3-5

                       How should a lessee consider its past practices in assessing whether it is reasonably certain to exercise
                       an option to renew a lease or to purchase an underlying asset?



                       PwC response
                       A lessee should not rely solely on past practice, but should consider the economics underlying its
                       negotiated arrangement. The FASB acknowledged that optional terms may not meet the conceptual
                       definition of a liability, and therefore, the measurement of a lease liability should include options only
                       when the lessee has economically little choice but to exercise the option. However, a lessee’s past
                       practices (e.g., its history of retaining assets for a particular length of time before replacing them) may
                       be in response to factors that would commercially compel the lessee to renew the lease or to exercise a
                       purchase option.



                       To determine whether a renewal option is reasonably certain of exercise, a lessee and lessor should
                       compare the renewal rents with the expected fair market rents for equivalent property under similar
                       terms and conditions. In general, a renewal option with renewal rents that are equal to or greater than
                       the rents in the initial lease term is not considered to be reasonably certain of exercise; however, this
                       presumption could be overcome if the economic penalties the lessee would suffer by not exercising the
                       renewal option are significant. Any step-down in rents in a renewal period should give rise to a
                       presumption (which can be overcome) that the renewal option is reasonably certain of exercise by the
                       lessee. See LG 3.4 for factors to consider when determining whether renewal, termination, or purchase
                       options are reasonably certain of exercise.

                       We believe that a lease that is cancellable only upon the occurrence of a remote contingency should be
                       considered noncancellable for lease classification purposes.

                       If significant enough, a penalty for cancellation may result in a conclusion that continuation of the
                       lease appears, at lease commencement, to be reasonably certain. If so, it should be considered
                       noncancellable for any periods in which the penalty exists.


                       Question 3-6

                       How should a lessee and lessor determine the lease term in an arrangement that has no explicit end
                       date?



                       PwC response
                       A lessee and lessor should evaluate the enforceable rights and obligations in the contract. Any period
                       that may not be cancelled by the lessee should be included. Additionally, any provisions that allow the
                       lessee to extend the lease (i.e., renewal options) should be evaluated to determine whether the lessee is
                       reasonably certain to exercise them. For example, a lease agreement may provide a lessee with the
                       right to use an underlying asset on a daily basis (no stated end date) that the lessee may return at any
                       point subsequent to the first day of use. The noncancellable period of this type of lease would be a
                       single day and each subsequent day would be considered a daily renewal option that should be
                       included in the lease term if determined to be reasonably certain of exercise by the lessee after
                       considering all relevant contract-, asset-, entity-, and market-based factors.






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