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Leveraged leases



                       leased asset (tax regulations required the lessor to have a minimum of 20% of the cost of the leased
                       asset “at-risk”). This typically enabled lessors to claim all the tax benefits of owning the asset,
                       including deductions for interest expense on the nonrecourse financing, despite a relatively small
                       investment.

                       The tax benefits associated with investing in the asset are typically realized relatively early in the lease
                       term. Given the early return of investment, a lessor in a leveraged lease was able to offer a lessee a
                       lower cost of borrowing than the lessee might have been able to obtain in a financed purchase
                       transaction.

                       Changes in tax regulations related to depreciation and investment tax credits, as well as the reduction
                       in corporate tax rates during the 1980’s reduced the tax benefits of leveraged leases to lessors, as well
                       as their attractiveness to investors. Accordingly, many existing leveraged leases are in the later part of
                       their lease terms.

              7.2.3    Financial statement presentation of leveraged leases and income recognition

                       The balance sheet presentation (as described in ASC 840-30-30-14) and income recognition pattern
                       for a leveraged lease (as described in ASC 840-30-35-33 through 35-36) are both unique models.

                       Leveraged leases are presented as a net asset on the lessor’s balance sheet. The net asset equals the
                       sum of the total rents receivable from the lessee and the estimated residual value of the asset at the
                       expiration of the lease less the debt service associated with the nonrecourse debt, all reduced by
                       unearned income. This net presentation is attractive to lessors as it enhances its investment return on
                       assets.

                       Income from a leveraged lease is recognized by the lessor by applying a level rate of return to the net
                       investment, but only in the periods that the net investment is positive. Because the calculated return is
                       an after-tax amount, the cash flows from accelerated tax benefits are included in the overall leveraged
                       lease cash flows. These cash flows occur in the early years of the lease and result in a rapid recovery of
                       (i.e., decline in) the net investment, often causing the net investment to turn negative. The lessor will
                       ultimately “reinvest” in the leveraged lease through the repayment of deferred tax liabilities, causing
                       the net investment to increase in the later periods of the lease. This typical down and up pattern in the
                       net investment causes a substantial portion of the income to be recognized in the early periods of the
                       lease, which is a recognition pattern that is far more accelerated than a typical loan amortization (i.e.,
                       effective interest) pattern.

                       Although the accounting for leveraged leases is inherently inconsistent with accounting for other
                       collateralized financings, the FASB decided to allow lessors to continue to apply the leveraged lease
                       model because of the relatively small population of leveraged leases, the relative age of the lease
                       arrangements, and the fact that this accounting model is only applicable to lessors. A leveraged lease
                       may no longer be grandfathered if the lessor modifies or changes the characteristics of the lease.

              7.3  Changes to a leveraged lease arrangement


                       Once a lessor adopts ASC 842, it may only continue to apply leveraged lease accounting to
                       grandfathered leveraged leases. A lessor should account for any leveraged lease that is modified on or
                       after the effective date of ASC 842 as a new lease as of the effective date of the modification in







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