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Chapter 12: Leases and substance over form
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A lease is a finance lease if it transfers the majority of the risks and rewards relating
to the ownership of the asset to the lessee. If this is not so, then it is an operating
lease.
The distinction between a finance lease and an operating lease is based on the
substance of the transaction, and IAS 17 suggests that the following terms in a lease
agreement are indicators of a finance lease arrangement:
Legal title to the asset transfers to the lessee at the end of the lease.
The lessee has the option to buy the asset for less than fair value, and it seems
reasonably likely when the contract is made that the option will be taken.
The term of the lease agreement covers most of the asset’s useful life.
At the start of the lease, the present value of the future lease payments amounts
to at least substantially all of the fair value of the asset.
The leased asset is highly specialised, so only the lessee can use it.
If the lessee cancels the lease, he must compensate the lessor for his losses.
Gains or losses from a change in the expected residual value of the leased asset
are borne by the lessee.
After the first period of the lease term has ended, the lessee may continue the
lease for a secondary period at a very low rent.
With a finance lease, the substance of the transaction is that the lessee is the effective
owner of the asset even though legally the asset is owned by the lessor. With an
operating lease, the lessor is the effective owner as well as the legal owner.
Land and buildings
When a lease includes land and buildings, an entity must assesses the classification
of each element as a finance or an operating lease separately.
Until recently IAS 17 contained guidance that meant that on most occasions the
lease of land would be an operating lease. In some jurisdictions there are very long
leases of property, for example 999 years. Some users and preparers pointed out an
entity with a lease of this kind is in substance, in the same situation that it would
have been if it had bought the asset. The IASB has recently removed the guidance
referred to above so that long leases can now be classified as finance leases.
4.2 Accounting for a finance lease
The lessee’s accounts
At the start of the lease, the lessee should recognise the leased asset as a non-current
asset, valued at the lower of:
the fair value of the asset, and
the present value of the minimum lease payments under the terms of the lease
agreement.
There is a matching liability to the lessor (divided between the amount of the
liability repayable within 12 months and a long-term liability).