Deere, operate leasing companies to market their own products. A company wishing to
obtain the use of an asset (the lessee), such as an oil company wishing to lease a tanker,
or a Development Corporation wishing to lease property, will approach the leasing spe-
cialist (the lessor) with its requirements. The deal will involve the lessor purchasing the
tanker, or the site, and renting it to the lessee in return for a specified series of rental
payments over an agreed time period.
■ Types of lease
Where the agreed term of the lease approximates to the expected lifetime of the asset, the
lessee is clearly using the lease arrangement as an alternative form of finance to outright
acquisition. As a result, it avoids having to incur the perhaps substantial cash outlay
required at the outset of the project. Hence this type of lease is called a finance lease,
(or a capital lease or a full payout lease).
In the UK, it is important that the asset remains the legal property of the lessor, oth-
erwise certain tax advantages may be lost. At the expiration of the lease contract, the
two parties may negotiate a secondary lease, or the owner may otherwise dispose of
the asset. For assets with long lives, the lessor may ignore the potential resale value of
the asset when setting the rentals, since it is too distant in time to predict accurately.
Instead, the lessor may agree to reimburse the lessee with a proportion, often over
90 per cent (but never 100 per cent) of the resale value, an agreement known as a
rebate clause. Rebates are taxable in the hands of the lessee. Secondary leases are often
undertaken at nominal or ‘peppercorn’ rentals to reflect their bonus nature – the
owner will already have received back its outlay plus target profit once the contract
has reached its full term.
However, not all forms of lease operate over long time periods. The user may not
wish to incur the long-term contractual liability to pay rentals, especially if it wishes to
obtain the use of the asset only to perform a specific job, e.g. drilling equipment to bore
out a specific oil well. Lessors are willing to rent equipment to such firms on the basis
of an operating lease. This is usually job-specific and can be cancelled easily, whereas
cancellation of a finance lease usually involves financial penalties so severe that termi-
nation is rarely worthwhile. The lessor will hope to arrange a series of such contracts in
order to recover its capital outlay and achieve a profit. For this reason, the operating
lease is called a part payout lease. Unlike the finance lease, where the user bears the full
risks both of ‘downtime’ (inability to use the asset) and obsolescence, in an operating
lease, the owner incurs the brunt of these risks. To compensate for the risk of having a
yard full of idle and rusting equipment, the lessor will apply a rental that is higher per
unit of time than that for a financial lease, thus incorporating a risk premium.
Operating leases have another advantage for lessees. They are usually negotiated
on a ‘maintenance and insurance’ basis, whereby the owner undertakes to insure and
service the asset. This is normally the responsibility of the user in the case of the
finance lease, although the owner may actually perform the servicing functions for a
fee. The suitability of the operating lease for short-term projects explains its populari-
ty in the construction industry under the guise of plant hire, and for assets with a rapid
rate of technological advance such as photocopiers and computers. To compensate for
the risks of leasing out high-technology assets, lessors are sometimes able to protect
themselves by using specialist computer leasing insurers, although premium rates are
generally high.
■ The characteristics of a finance lease
Until 1984, UK companies were able to disguise their true indebtedness by undertak-
ing financial leases. Neither the asset acquired nor the contractual liability incurred
had to appear on the Balance Sheet, although the rental payment obligation had to be
392 Part IV Short-term financing and policies
capital lease/full payout
lease
A lease that transfers most of
the benefits and risks of own-
ership to the lessee
secondary lease
A second lease arranged to fol-
low the termination of the ini-
tial lease period
rebate clause
An arrangement whereby the
lessor pays a proportion of the
resale value of an asset to the
lessee
operating lease
A job-specific lease contract,
usually arranged for a short
period, during which the lessor
retains most of the benefits
and risks of ownership
part payout lease
A lease contract which recovers
a return lower than the capital
outlay made by the lessor
plant hire
Hiring of construction
equipment
the lessee
A firm that leases an asset
from a lessor
the lessor
A firm that acquires equip-
ment and other assets for leas-
ing out to firms wishing to use
such items in their operations
CFAI_C15.QXD 10/26/05 11:58 AM Page 392