
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comFirm Insights
Author: James F. McDonough
Date: October 7, 2016
Of Counsel
732-568-8360 jmcdonough@sh-law.comThe traditional financial statement would have finance leases and capital leases that users of financial statements would be able to interpret having some familiarity with the established concepts.
Now, under the new rules from FASB and IASB, a lease is the right to control and use an asset for a period of time in exchange for payment(s) and this creates an asset and a liability that lessees must put on their balance sheets. The new rule recites that a lease exists if there is control such that one has the right to operate, control physical access or take all of the output from the asset. Now, due diligence activity must review contracts to determine if a lease is present. The right to substitute defeats the right to control a particular asset that is essential for a lease.
The new rule will probably force many capital leases to be classified as finance leases, where the right to use will be amortized by the lessee who must also recognize an interest component. Most operating leases will probably remain classified as such.
One change is that sale and leaseback transactions must conform to the revenue recognition model under ASC 606 Contracts With Customers. This will change how sales are recognized in a sales and leasebacks.
Leases with bundled services must be divided into interest expense and lease expense. Variable rate payments must be measured at the start of a lease. Variable use payments are recognized as incurred by the lessee and as earned by the lessor.Under FASB, lessors will recognize profit at the start of the lease when it is essentially a sale and over the term of the lease if the lessee does not obtain control. Leveraged leases accounting is eliminated. Lessors will recognize income at the start of the lease under IASB rules in either instance.
The new rules come into effect for private clients in the years after 2019, although early adoption is permitted.
There are a few problems that one can expect. First, older accounting software may not adapt to the new rules and this raises questions about financial statements and their evaluation. A bridge or conversion statement may be necessary to evaluate historical information under the new rules.
Compensation benchmarks, loan covenants and other metrics can be impacted by the new accounting rules. How does someone performing due diligence evaluate the credit worthiness or earnings capacity under the change without modeling the target? Lenders will be impacted by these rules and may want to re-negotiate covenants for this reason. Finally, executive compensation will undoubtedly be the subject of careful analysis.
Are you still unsure about these changes to lease accounting rules? Would you like to discuss the matter further? If so, please contact me, James McDonough, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!