Finance Lease: What's Included, Advantages and Disadvantages
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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.
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
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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
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Jason H.
Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.
"Wonderful attorney! He was extremely professional, answered all of my questions and was patient with my complicated legal situation. Don’t hesitate to hire him."
Jane C.
Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.
"Jane was great! Concise, efficient and on point with all the issues in our domestic partnership agreement. She understands the law and complexities of contracts and relationships. She was a tremendous help. I would definitely consult with her again!"
Jonathan G.
Small Business Attorney licensed in Texas and Colorado. Based in Dallas, appointments available in DFW area.
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Jared S.
I am a business-focused attorney. My practice covers all aspects of business law - from entity formation and contracts to real estate transactions and employment matters. I review, negotiation, draft and analyze contracts including: business asset purchase agreements, non-disclosure/confidentiality agreements, commercial leases, cease-desist letters, payment demand letters, construction contracts, consulting agreements and many more. I also guide clients through estate planning to protect both their business and personal interests.
Thomas D.
I graduated from the University of Wisconsin Law School. Upon graduation, I went to McDermott, Will & Emery in Chicago and practiced corporate, real estate and tax law. I then joined Godfrey & Kahn where I became a shareholder in the real estate group, head of real estate lending and continued to practice corporate law. At these firms, I received excellent training and represented some of the largest and most innovative clients in the US. After practicing law for 15 years, I founded a real estate development company. I built a multi-million dollar company and developed many significant projects. I sold the company and was recruited for senior positions by two other real estate companies. I continued to hone my legal skills at these companies by negotiating and drafting countless documents for my businesses. The combination of my legal and business experience helps me foster the growth of clients' businesses, solve their problems and guide them through difficult matters.
"Got the job done. First contract was done quickly and swiftly with a phone call. Second call took some more time where Tom had to redo the operating agreement. Delays on both sides for the second one but he was great."
September 27, 2024
Jo Ann G.
Provides outside general counsel advice to corporate or individual clients with a vast range of legal and business matters. Has extensive general counsel experience in a wide range of legal areas. Has a background as an in house general counsel in the manufacturing, retail and consumer goods industries.
October 2, 2024
Hansen T.
Hansen Tong is the founder of a technology focused boutique law firm that focuses specifically on SAAS, data privacy, digital media, licensing, websites/apps, and AI.
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Commercial Real Estate
Finance Lease
Georgia
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.
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
Business Contracts
Finance Lease
New York
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.
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.
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