Home Types of Contracts Finance Lease

Finance Lease: What's Included, Advantages and Disadvantages

Jump to Section

Quick Facts — Finance Lease Lawyers

What is a Finance Lease?

A finance lease, also referred to as a capital lease or sales lease, is a type of commercial lease in which a finance company is the legal owner of an asset, and the user rents the asset for an agreed-upon period of time. In this legal contract, the leasing company, usually the finance company, is called the lessor, and the user of the asset is called the lessee.

When a lessee enters into this agreement, they have operating control over the asset. They take responsibility for all the risks and rewards associated with the ownership of the asset. For accounting purposes, the lease provides the lessee with economic characters of ownership of the asset.

The lessee will record the asset as a fixed asset in their general ledger. In this situation, the lessee will record the interest of the lease payment as an expense.

To be classified as a finance lease under US GAAP, the rental contract must meet at least one of the following requirements:

  • The present value of the lease rentals is equal to or greater than the fair market value of the asset
  • The lease term is more than 75% of the leased asset’s useful life
  • The option to purchase the leased asset at a lower price than the fair value of the leased asset is given to the lessee.
  • The legal ownership of the leased asset transfers from the lessor to the lessee at the end of the lease.

In an IFRS jurisdiction, however, a lease is classified as a finance lease if all of the following basic criteria are met:

  • Throughout the duration of the lease period, the lessor remains the legal owner of the asset
  • The risk and rewards related to leased assets are transferred to the lessee
  • Legal ownership of leased asset transfers from the lessor to the lessee after the end of the lease.

For more information about finance leases and their impact on a company’s accounting, click here.

How a Finance Lease Works

A finance lease is essentially a commercial rental agreement where the following steps take place:

Step 1: The lessee selects an asset that they require for a business.

Step 2: The lessor, usually a finance company, purchases the asset.

Step 3: The lessor and lessee enter into a legal contract in which the lessee will have use of the asset during the agreed upon lease.

Step 4: The lessee makes a series of payments for the use of the asset.

Step 5: The lessor recovers the cost of the asset plus interest.

Step 6: At the end of the lease agreement, the lessee has the option to acquire ownership of the asset.

For accounting purposes, a finance lease can have significant impacts on a company’s financial statements. These types of leases are viewed as ownership rather than a rental, so they influence interest expenses, depreciation expenses, assets, and liabilities.

Due to a finance lease being capitalized, a company’s balance sheet will reflect an increase in assets and liabilities but working capital will remain the same. The debt and equity ratio, however, will increase.

The expenses related to a finance lease will be split between interest expenses and principal value. This is similar to a bond or a loan. Part of the payments will be reported under operating cash flow, and the other part will be reported under financing cash flow. This causes operating cash flow to increase when a company is involved in a finance lease.

Meet some lawyers on our platform

Dolan W.

1086 projects on CC
CC verified
View Profile

Lori B.

222 projects on CC
CC verified
View Profile

Samuel R.

93 projects on CC
CC verified
View Profile

Sara S.

258 projects on CC
CC verified
View Profile

What’s Included in a Finance Lease

Finance leases will vary based on the specific needs of both the lessor and the lessee. Depending on the asset being leased, the price of the asset, and the term of the agreement, a finance lease will have to be tailored to the individuals involved.

Although these agreements will differ, it is common to find the following information in most finance leases:

  • Names of both parties involved in the lease and designation as the lessor and the lessee
  • Asset to be leased
  • The total price of the asset
  • The economic life of the asset
  • Interest rate
  • Principal and interest payment schedule
  • Associated penalties and fees

This lease document can be very complicated, and it is best to consult with a business lawyer or financial services lawyer who can help ensure that the agreement is drafted correctly and includes all pertinent information.

Advantages and Disadvantages of a Finance Lease

Finance leases offer companies both advantages and disadvantages as far as costs, liabilities, and accounting.

Some advantages are as follows:

  • The Lessee is able to use a needed asset without purchasing it
  • Lease financing is usually less expensive than other types of financing options
  • A lessee is able to spread payments out over several years
  • There is no burden of a lump-sum cost for an asset
  • The lessee claims depreciation on the leased asset reducing tax liability
  • Even if the asset rises in price, the lessee only has to pay the installments already agreed upon
  • The lessee retains the right to purchase the asset at the end of the lease period, usually at a bargain rate

Some limitations or disadvantages of a bargain lease include the following:

  • The lessee is responsible for all maintenance or repairs on the asset
  • The lessee is liable for all risks involved with the asset
  • The lessee cannot cancel a finance lease

ContractsCounsel Finance Lease Image

Image via Pexels by Pixabay

Finance Lease vs. Operating Lease

Both operating leases and finance leases allow a company to rent and use an asset. However, the main difference is that under a finance lease, the lessee conveys ownership of the asset. Under an operating lease, the lessee does not get the benefits of ownership rights for accounting purposes.

Installment payments for assets leased under an operating agreement are recognized as a rent expense on a balance sheet. They are recorded in financial statements under the cost of sales or operating expenses. This is different from a finance lease, where the payments for the leased asset are recorded as an amortization expense and interest expense.

Lessees involved in an operating lease are not liable for the same risks as lessees involved in a finance lease. In an operating lease, the lessee is simply renting the asset and only has the right to use. This means that the lessor retains all of the risks and benefits associated with the asset. In addition, the lessor is responsible for all maintenance or repair costs.

To read more about the similarities and differences between finance leases and operating leases, check out this article.

Examples of Finance Leases

Finance leases can be found in a wide variety of industries and are used primarily when a company requires an expensive piece of equipment but wants to preserve its cash flow and avoid paying a large lump sum for the required equipment.

Some examples of assets that are leased through finance leases include:

  • Aircraft
  • Land
  • Buildings
  • Plant equipment
  • Heavy machinery
  • Ships
  • Diesel engines
  • Patents

Get Help with a Finance Lease

Do you have questions about finance leases and want to speak to an expert? Post a project on ContractsCounsel today and receive bids from business lawyers and finance lawyers who specialize in finance lease agreements.

See Real Finance Lease Projects

Texas Restaurant Equipment Lease to Purchase Agreement Draft Drafting
  • Texas
  • 5 lawyer bids
  • $700 - $1,550
View Details
Hawaii Lease or lease/rent-to-own contract on Tiny Home (on Trailer) Drafting
  • Hawaii
  • 3 lawyer bids
  • $0 - $2,000
View Details
Louisiana Facility Finace Contract Review Review
  • Louisiana
  • 5 lawyer bids
  • $375 - $699
View Details

See all Finance Lease projects


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Finance Lease?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,578 reviews

Meet some of our Finance Lease Lawyers

Jeremiah C. on ContractsCounsel
View Jeremiah
5.0 (68)
Member Since:
March 5, 2021

Jeremiah C.

Partner/Attorney at Law
Houston
18 Yrs Experience
Licensed in NV, TX
Thomas Jefferson

Creative, results driven business & technology executive with 27 years of experience (17+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.

Recent  ContractsCounsel Client  Review:
5.0

"Jeremiah was pleasant to speak to and provided high quality work. I appreciate that he took the time to call me personally instead of a paralegal. Work delivered early and high quality! Highly recommend"

Daehoon P. on ContractsCounsel
View Daehoon
4.8 (210)
Member Since:
November 26, 2021

Daehoon P.

Corporate & M&A | Venture Capital, Private Equity & Web3 Counsel | Real Estate Transactions
Free Consultation
New York, NY
10 Yrs Experience
Licensed in NY
American University Washington College of Law

Corporate, M&A & Securities Lawyer | Managing Attorney, DP Counsel PLLC Practice Areas: Business Formation | Commercial Contracts | Contract Drafting & Review | Mergers & Acquisitions | Venture Capital | Securities Offerings | Franchise Law | Employment & Equity Compensation | Intellectual Property | Cross-Border Transactions About/Bio: I represent companies, investors, and fund sponsors in corporate transactions, commercial contracting, and private securities matters, from entity formation and early-stage financings to acquisitions, exits, and ongoing strategic counsel. As Managing Attorney of DP Counsel PLLC, I help clients structure transactions clearly, allocate risk thoughtfully, and move deals forward with documentation that is practical, enforceable, and aligned with business objectives. My practice includes both day-to-day commercial matters and more complex transactional work, including venture financings, private offerings, M&A deals, fund-related documents, and cross-border structuring. What I Do: Corporate & Commercial • Entity formation and structuring for corporations, LLCs, and limited partnerships • Operating agreements, shareholder agreements, and governance documents • Commercial contract drafting, review, and negotiation • Vendor, distribution, manufacturing, SaaS, and licensing agreements • Employment, consulting, confidentiality, and equity compensation agreements • Outside general counsel support for growing companies Securities & Private Capital • Private offerings under Regulation D and Regulation S • Private placement memoranda, subscription agreements, and investor documents • SAFE, convertible note, and priced equity financings • Venture capital and private fund formation matters • Fund governing documents and offering document packages • Securities law analysis for private capital raising transactions Mergers & Acquisitions • Letters of intent and term sheets • Stock purchase, asset purchase, and merger agreements • Due diligence coordination and transaction support • Disclosure schedules, closing documents, and post-closing matters • Earnouts, rollover equity, indemnity structures, and related deal terms • HSR, CFIUS, and related regulatory issue spotting for qualifying transactions Digital Assets & Emerging Technologies • Federal-law digital asset and token securities analysis • Entity structuring for blockchain and Web3 ventures • Digital asset fund and operating structures • AML/KYC documentation support and regulatory issue spotting Franchising • Franchise Disclosure Documents (FDDs) • Franchise agreements • Master franchise and area development agreements • Franchise structuring and registration coordination Real Estate Transactions • Commercial real estate acquisitions and dispositions • Real estate joint ventures and syndications • Commercial lease drafting and negotiation • Real estate investment structures and related offering documents Cross-Border & International • U.S. market entry and entity structuring for international clients • Delaware and multi-entity holding structures • Cross-border transaction planning and documentation • Coordination with foreign counsel and tax advisors on cross-border matters Why Clients Hire Me: • Big-law-level drafting with boutique responsiveness • Practical, business-focused advice grounded in execution reality • Clear scoping and transparent fee arrangements • Experience across financings, acquisitions, fund formations, and cross-border transactions Typical Projects: • Contract drafting and negotiation • Entity formation and governance packages • Private offering document suites • Venture financing documentation • M&A transactions from LOI through closing • Fractional or outside general counsel support Industries Technology | SaaS | FinTech | Digital Assets | E-commerce | Healthcare | Real Estate | Food & Beverage | Professional Services

Recent  ContractsCounsel Client  Review:
5.0

"Thanks Daehoon for going above and beyond and helping me with a lot of detailed information regarding signing multiple contracts. I was very happy with the outcome. Best"

Joshua B. on ContractsCounsel
View Joshua
5.0 (11)
Member Since:
September 19, 2023

Joshua B.

Founder
Free Consultation
Austin, Texas
24 Yrs Experience
Licensed in NY, TX
University of Texas

Josh Bernstein has been serving real estate and corporate transactional clients since 2002. His experience is varied, and he enjoys working on and puzzling out novel and complex corporate and real estate matters. Josh’s experience includes, among other things, the following: representation of public companies in connection with SEC reporting and compliance work (proxies, 10-K’s; 10-Q’s; 8-K’s, etc.); representation of public and private company securities issuances (including private placements, and other similar offerings); assistance in structuring and drafting joint ventures, both for investors and operating partners, and including both real estate and corporate ventures; handling public and private company mergers and acquisitions; and asset sales and dispositions; assisting clients, big and small, with real estate acquisitions, sales and financings; managing large-scale and multi-state real estate portfolio acquisitions, dispositions and financings; complex condominium creation, structuring and governance work, including: commercial condominiums, use of condominiums as a land planning tool, wholesale condominium property acquisitions and dispositions, and rehabilitating failed or faulty condominium legal structures to make ready for sale; development of restrictive covenants and owners’ association documents for master-planned communities; compliance with federal statutes governing real estate sale and development (including, without limitation, the Interstate Land Sales Full Disclosure Act, the Housing for Older Persons Act, and the Americans with Disabilities Act); representation of real estate lenders, for both improved and unimproved property, and including numerous construction financings secured by real estate; assistance with commercial leasing; from both the landlord and tenant side, and including condominium leasing; training residential home and condominium sales staff for compliance with applicable local and federal law; and workouts of all kinds. When he’s not busy lawyering, Josh may be found watching 80’s commercials, flying a single-engine plane, playing poker, or trying to be a good dad.

Recent  ContractsCounsel Client  Review:
5.0

"Josh has been extremely helpful sorting through issues with a tenant."

Amy B. on ContractsCounsel
View Amy
5.0 (3)
Member Since:
November 7, 2023

Amy B.

Shareholder
Free Consultation
Miami, Florida
24 Yrs Experience
Licensed in FL
Rutgers University School of Law in Newark, New Jersey

Amy Bales focuses on the areas of corporate law, real estate, intellectual property (including trademarks, service marks and copyrights) and entertainment law. She is admitted to the Florida Bar.

Recent  ContractsCounsel Client  Review:
5.0

"Amy B. was a pleasure to work with. She made a successful effort to understand my company's needs while also educating me on the relevant laws. She took the time to make valuable suggestions along the way which will help in the future. I will definitely use her for on a continuing basis for related projects."

Darryl S. on ContractsCounsel
View Darryl
5.0 (138)
Member Since:
November 9, 2023

Darryl S.

Founder and Counselor-at-Law
Texas
33 Yrs Experience
Licensed in TX
The University of Texas School of Law Austin

I offer flat/fixed fees rather than hourly work to help lower your legal costs and align our interests. I specialize in contract law and focus on making sure your contract is clear, protects your interests and meets your needs. You can expect fast, straightforward communication from me, making sure you understand every step. With my experience, you'll get a detailed review of your contract at a fair, fixed price, without any surprises. I have over 30 years of business and legal experience that I bring to your project. I graduated from The University of Texas School of Law with High Honors in 1993 and practiced at Texas' largest law firm. I have founded companies and so understand how to be helpful as both a lawyer and business owner.

Recent  ContractsCounsel Client  Review:
5.0

"Had a great experience working with Darryl. He was thoughtful, direct, responsive, and most importantly able to quickly understand a complex business and regulatory structure without overcomplicating things. Really appreciated his practical approach and ability to explain things clearly. Highly recommend."

Boris K. on ContractsCounsel
View Boris
Member Since:
November 7, 2023

Boris K.

Attorney
Free Consultation
Newport Brach
13 Yrs Experience
Licensed in CA
Western Michigan Law

With over 10 years experience as a Real Estate Broker and an attorney, I can help you with all your residential real estate needs such as For sale by owner transactions and drafting grant deeds

Find the best lawyer for your project

Browse Lawyers Now

Lawyer Reviews for Finance Lease Projects

Facility Finace Contract Review

5.0

"Great work! Thanks so much for the detailed feedback!"

Louisiana
Review
Finance Lease
ContractsCounsel User

Business Contracts

Finance Lease

New York

Asked on Jun 16, 2024

What are the legal implications and potential risks associated with entering into a finance lease agreement?

I am considering entering into a finance lease agreement for a piece of machinery for my small business, but I am unsure of the legal implications and potential risks involved. I have been approached by a leasing company that is offering attractive terms, but I want to ensure that I fully understand my rights and obligations before committing to the agreement. I have heard conflicting opinions from colleagues about the potential risks associated with finance leases, such as hidden fees, early termination penalties, and the potential for the lessor to reclaim the asset. I would like to consult with a lawyer to gain a better understanding of the legal aspects and any potential pitfalls before making a decision.

Damien B.

Answered Jun 25, 2024

This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State. It appears that you have considered the risks involved. I would say that a significant concern is the possibility of defaulting on payments, which could lead to the lessor reclaiming the equipment due to a security interest indicated by a UCC filing. Lease provisions are often negotiable. Have an attorney specializing in commercial law review the lease to ensure it protects your interests.

Read 1 attorney answer>

Commercial Real Estate

Finance Lease

Georgia

Asked on Mar 10, 2025

What are the legal implications of entering into a finance lease agreement?

I am considering entering into a finance lease agreement for a commercial property, and I would like to understand the legal implications before making a decision. I have been approached by a leasing company that is offering favorable terms, such as lower upfront costs and fixed monthly payments, but I am uncertain about the potential risks and responsibilities involved. I want to ensure that I am fully aware of my legal obligations and rights under a finance lease agreement before proceeding.

Jerome L.

Answered Apr 8, 2025

Hi there, A finance lease agreement can be a practical way to acquire commercial property or equipment with lower upfront costs and fixed payments—but it comes with specific legal obligations and long-term commitments that you should fully understand before signing. Here are the key legal implications to consider: Legal Considerations in a Finance Lease Agreement: Binding Long-Term Obligation: A finance lease is typically non-cancellable during the lease term, meaning you are legally obligated to make payments for the entire duration, even if you no longer need the property. Ownership vs. Use: You do not own the property under a finance lease. You are leasing it for an extended period, often with an option to purchase at the end. However, all the risks and responsibilities of ownership—like maintenance, insurance, and taxes—may still fall on you. Lessor’s Ownership Rights: The leasing company retains title to the property during the lease term. If you default, they typically have the right to repossess the property and pursue you for any remaining balance. Fixed Monthly Payments (But Watch for Hidden Costs): While the fixed payments seem attractive, be sure to review: Interest rates Late fees or penalties Additional service charges or fees tied to property upkeep End-of-Term Options: Understand your rights at the end of the lease: Can you buy the property? Are there residual value payments? Will you owe fees for wear-and-tear or restoration? Termination & Default Clauses: Read the fine print on what constitutes default and whether the lessor can accelerate payments or take legal action if you miss a payment. Impact on Financial Statements: A finance lease may appear as a liability on your balance sheet, depending on how the lease is structured. It’s wise to consult with an accountant on this point too. Before moving forward, I highly recommend having the lease agreement reviewed by an attorney. This will ensure the terms are fair, your risks are understood, and you are fully protected. If you would like assistance reviewing or negotiating the terms of your finance lease, I am happy to help. Best regards, Jerome Lucas Newell, Esq. Commercial Lease & Business Contracts Attorney

Read 1 attorney answer>
See more legal questions…

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Finance Lease?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,578 reviews
Financial lawyers by top cities
See All Financial Lawyers
Finance Lease lawyers by city
See All Finance Lease Lawyers

ContractsCounsel User

Recent Project:
Dairy Queen in NNN lease enforcement
Location: Washington
Turnaround: Over a week
Service: Drafting
Doc Type: Finance Lease
Number of Bids: 2
Bid Range: $499 - $850

ContractsCounsel User

Recent Project:
Contrac project
Location: North Carolina
Turnaround: A week
Service: Drafting
Doc Type: Finance Lease
Number of Bids: 2
Bid Range: $995 - $3,000

Need help with a Finance Lease?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,578 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city