The Downside of Leaseback

Since there is a contractual liability for the lessee to perform general repair and maintenance, the maintenance requirement provision may be assumed as a present economic obligation, not just a future commitment. If the fair value estimate of future maintenance expense can be measured with sufficient reliability, the provision may lead to recognition of an accrued liability for the repair and maintenance performance obligation at the inception of the lease. The accrued liability for the repair and maintenance can be reversed when payment is made or liability is created through the performance of the required repair and maintenance.

Once a gain or loss is recognized, a taxpayer must determine how the recognized gain or loss affects the taxpayer’s tax liability. The character depends on a combination of two factors: purpose or use of the asset and holding period. The purpose or use of the asset is important because the law does not treat all assets equally. The general use categories are: (1) trade or business, (2) for the production of income (rental activities), (3) investment, and (4) personal. Based on these criteria, we can categorize an asset into one of three groups: (1) ordinary, (2) capital, or (3) section 1231. Characterizing the gain or loss is important because all gains and losses are not equal. Ordinary gains and losses are taxed at ordinary income rates, regardless of the holding

Sale of rental property does not qualify for exclusion 121 because the two year resident occupation limit cannot be satisfied in income producing business property. The sale will fall under section 1231 which encompasses transactions of sales or exchanges of business property held for longer than one year. In order to determine treatment of section 1231 you must combine all section 1231 gains and losses for the year. A net loss is an ordinary loss. A net gain is ordinary income up to the amount of your non-recaptured section 1231 losses from previous years. Any remaining balance becomes a long-term capital gain. The formula for calculating gain or loss involves subtracting the cost basis from the selling price. If you have taken depreciation on the property in the past and are

In summary the only tax advantage is the ability to have a larger deduction of mortgage interest on the new home. (Code § 163(h)(3)(E)(i). With the sale of their current home they would be able to exclude the gain from the sale up to $500,000. (Code §121(b)(1) and (2)) A word of caution if the sale of their new home the gain is more than $500,000 they would have to pay tax on the amount over at a rate of 25%.

A2c. Profit or Loss from the Sale of Property: The taxpayer couple sold personal and rental property for this tax period. Both sales have potential gains. However, the gain from the sale of the personal residence qualifies for exclusion up to $500,000 under Section 121 as they lived in and used the residence at least two of the five years prior to the sale. The gain or loss is calculated as the sale price less selling costs and adjusted basis of the property. Proceeds from the sale of the rental property are taxable because it is an income producing property and would be considered normal income. However, Section 1231 designates that exchanges of business property held longer than one year may be considered a long-term capital gain if there is a gain realized and any loss would be considered an ordinary loss. Any depreciation taken in past tax years will need to be recaptured in the tax year of the sale.

The third and final question from the case is how would the lease classification change under U.S. GAAP. The FASB codification that deals with leases is ASC 840. U.S. GAAP classifies leases as operating leases or capital leases and it has a section for sale-leaseback transactions as well. Under U.S. GAAP, the lease in this case would be classified as a capital lease. This is because ASC 840-10-25-29 says, “If at its inception a lease meets any of the four lease classification criteria in paragraph 840-10-25-1, the lease shall be classified by the lessee as a capital lease.” This lease meets two of those criterions. The lease term is equal to 75% of the economic life of the equipment (3 year lease term / 4 year economic life of equipment = .75 or 75%) and the present value of the minimum lease payments “equals or exceeds 90 percent of the excess of the fair value of the lease property to the lessor at lease inception over any related investment tax credit retained by the lessor and expected to be realized by the lessor” (ASC 840-10-25-1d). The present value of the minimum lease payments does in fact equal or exceed 90 percent of the fair value of the equipment ($248,690 / $265,000 = .94 or 94%). Under ASC 840-10-25-31, the lessee should use the implicit rate to calculate the present value of the lease payments because the lessee already

We will have no residual value because the leased equipment will go back to the Lessor.

Subject: Tax treatment of reacquired property in 2013 and tax treatment of resale of that property in 2014.

We represent Thompson Laurie DiNoto, the Tenant, under that certain Residential Lease dated July 3, 2017. You are hereby notified that Mr. and Mrs. DiNoto rescinded the above-referenced Residential Lease under the terms of which they took occupancy of Lily Unit #127. This rescission is made on the ground that (1) the Premises are not in a tenantable condition; (2) the monthly rent charge of $7500 was substantially in excess of the advertised rate of $6,000 per month in violation of Business and Professions Code sections 17200 and 17500, as well as section 43(A) of The Lanham Act; (3) the Residential Lease is unlawful in that it omits required disclosures under federal and state law.

In today’s world, customers often face a dilemma about whether to buy or lease. Lease is an agreement in which one party gains a long term rental agreement, and the other party receives a form of secured long term debt. On the other hand, buying involves transfer of ownership from seller to buyer. Buying or leasing decision depends mostly on customer’s preference. There are many factors to consider before taking a buying or leasing decision.

At this point it seems as if LeasePlan was merely at the beginning of this initiative. Anytime there is a new strategy implemented, the team have to revisit and solicit feedback. Feedback is very important, they should definitely put some feedback sessions in place to ensure that they are on the right path. This will help leadership make some modifications to the program if need be. As a strategy I believe that LeasePlan should align the females on the fast track to leadership positions, with some of the great influential male leaders who are currently in position. LeasePlan should research to find out how some women are missing, and just are not qualified for leadership positions. Since there is a desire and a need for diversity in LeasePlan

If you have spent the last few years driving fewer and fewer miles, you might want to take a moment and consider whether it is time to consider leasing your next car or truck.

1. Examine the extent to which lease is employed by your company (the company your group have picked to work with for this course).

Indigo Airlines followed a unique sale and lease back strategy which is found to be very effective (Raja & Prabhakar, 2013). It is an agreement between the airline and the leasing company. The aircraft which is delivered from the manufacturer is immediately leased to a leasing company by the airline and again the same aircraft is taken back for lease for five years. At the end of five years the aircraft is permanently handed over to the leasing company.

Under IFRS, lease classification depends on whether substantially all of the risks and rewards incidental to ownership of a