Alternative Minimum Tax (AMT)
- A separate tax calculation in which a taxpayer must pay the higher of its regular tax or
AMT liability. The corporate AMT rate, although lower than the regular tax rate, is
applied to a different, typically higher, taxable income than for regular taxes. This form
of tax makes it more difficult to avoid paying "fair share" of tax through the
use of certain regular tax benefits, which are known as "tax preference items"
or "adjustment items".
Bargain Purchase Option - An option allowing the
lessee to purchase the lease asset at the end of the lease term for a price that is fixed
substantially below the expected "fair market value", such that, at the
inception of the lease, purchase appears to be reasonably assured.
Bargain Renewal Option - A lease provision allowing
the lessee to extend the lease for an additional term with payments substantially lower
than the fair value of the asset, such that exercise of the option appears, at the
inception of the lease, purchase appears to be reasonably assured.
Call Option - Another term for a purchase or a renewal option, that is
exercisable at the discretion of the lessee, not the lessor.
Capital Lease - A lease that from the financial
reporting standpoint has the characteristics of a purchase agreement, that meets at least
one the criteria outlined in paragraph 7 of FASB 13. A capital lease must be shown as an
asset and a related obligation on the balance sheet of the lessee. (Also known as
Financial Lease or Nontax Lease)
Certificate of Deliver and Acceptance (D & A) - A
document signed by the lessee to confirm the leased asset has been delivered and is
acceptable. In most cases, the least term commences once this document has been signed.
Closed-End Lease - A true lease in which the lessor
assumes the depreciation risk. The lessee bears no obligation at the end of the lease.
This term is used to distinguish the lease from an open-end lease. This term is used in
auto leasing.
Conditional Sales Contract - An agreement for the
purchase of an asset in which the lessee is treated as the owner of the asset for federal
income purposes, therefore entitled to the tax benefits of ownership, such as
depreciation.
Direct Financing Lease - A lessor capital lease that
does not give rise to manufacturer's or dealer's profit (or loss) to the lessor.
Discounted Cash Flow Analysis - Comparison of cash flows resulting from two or
more investment or payment obligation alternatives by calculating the "Present
Value" of each, using the same discount rate.
Economic Life of Leased Property - The estimated
period during which the property is expected to be economically useful by one or more
users, with normal repair and maintenance, or the purpose intended at the inception of the
lease.
Effective Lease Rate - The effective rate to the
lessee of cash flows resulting from a lease transaction. The rate includes the compounding
effect of interest during the year.
End of Term Options - Options stated in the lease
agreement that give the lessee flexibility in its treatment of the leased asset at the end
of the lease. Common end of term options include purchasing the asset, renewing the lease
or returning the property to the lessor.
Estimated Residual Value - The forecasted "fair
market value" of the leased asset, used for purposes of calculating the maximum
allowable term of a tax-oriented lease, and calculated in constant dollars (excluding
inflation and deflation.)
Estimated Useful Life - The period, during which an
asset is expected to be useful in a trade or business, used for calculation the maximum
allowable term of a tax-oriented lease.
Fair Market Value (FMV) - The value of an asset if it
were to be sold in an arms-length transaction, between a willing buyer and a willing
seller. FMV is determined by either agreement or appraisal.
Fair Market Value (FMV) Purchase Option - A lessee
option to purchase the leased equipment at the end of the term from the lessor at fair
market value.
FASB 13 - Financial Accounting Standards Board
Statement No 13, "Accounting for Leases." FASB 13 contains specific guidelines
for proper classification, accounting and reporting of lease transactions.
Financing Statement - A notice of a security interest
filed under the Uniform Commercial Code (UCC).
Fixed Price Purchase Option - A lessee option to
purchase the lease asset at the end of the leasing term at a predetermined price.
Full Payout Lease - A lease in which the cash flows
will return to the lessor the acquisition cost of the asset, the cost of financing,
overhead and an acceptable return on investment.
Guideline Lease - A tax-oriented lease, which complies
with all the IRS guidelines for a "true" lease.
Implicit Rate - The discount rate that, when applied
to the minimum lease payments together with any unguaranteed residual, causes the
aggregate present value at the inception of the lease to be equal to the fair market value
of the leased property.
Indemnity Clause - A clause in a master lease
agreement that requires lessees to indemnify lessors against any and all claims, suits,
actions, damages, liabilities, expenses, costs, including attorney fees, whether or not
suit is instituted or incurred in connection with the equipment.
Lease Line - A lease line of credit that allows the
lessee to add equipment without having to renegotiate a new lease each time.
Lessor - Usually the owner of equipment being leased
to a lessee or user.
Leveraged Lease - A specific lease involving at least
three parties: a lessor, a lessee and a funding source, which allows the lessor/owner to
purchase the equipment by making a specific equity investment and to finance the remaining
balance by issuing non-recourse note(s) to the lender(s).
MACRS(Modified Accelerated Cost Recovery System) - The
current method of tax depreciation introduced by the Tax Reform Act of 1986 and effective
for equipment placed in service after 1986.
MACRS Deductions - Tax depreciation deductions
calculated under the MACRS introduced by the Tax Reform Act of 1986.
Master Lease - A lease agreement that allows a lessee
to obtain additional equipment under the same basic lease terms and conditions as
originally agreed, without having to renegotiate a new lease contract.
Municipal Lease - A conditional sales contract
disguised in the form of a lease available only to state and local governments, in which
the interest earnings are tax-exempt to the lessor.
Net Lease - A lease in which the lessee assumes all the costs and expenses
related to use and maintenance of the leased asset.
Non-tax-oriented Lease - A lease
that is treated as a loan for tax purposes, preventing the lessor from claiming tax
benefits on the equipment. The lessee would be treated as the owner for federal income tax
purposes.
Off Balance Sheet Financing- Any form of financing,
such as an operating lease, that, for financial purposes, is not required to be reported
on a a firm's balance sheet.
Open-end Lease - A lease in which the lessee
guarantees the amount of the future residual value to be realized by the lessor at the end
of the term. If the equipment is sold for less than the guaranteed value, the lessee must
pay the amount of any deficiency to the lessor. The lease is referred to as open-end
because the lessee does not know its actual value until the equipment is sold at the end
of the lease.
Operating Lease - A lease that has the characteristics
of a usage agreement and also meets certain criteria established by the FASB. Such a lease
is not required to be shown on the balance sheet of the lessee.
Purchase Option - A lessee option to purchase the
leased asset from the lessor at the end of the lease term for either a fixed amount or at
the future fair market value of it.
Put Option - A potential requirement to purchase
equipment or other assets at a particular time and at a predetermined price. To exercise
this option is at the lessor's, not the lessee's, discretion.
Quasi Lease - A slang term for a non-tax oriented
lease, also called a lease-purchase.
Rentals - Payments required under a lease to be made
by a lessee to a lessor for the use of the lease equipment.
Renewal Option - An option given to the lessee to
renew or extend the term of a lease at the expiration of the base term.
Sale-leaseback - A transaction that involves the sale
of equipment to a leasing company and a subsequent lease of the same equipment back to the
original owner, who continues to use the equipment.
Sales-type Lease - A lease in which the lessor is also
the vendor (manufacturer or distributor) of the equipment.
Salvage Value - The expected or realized value from
selling a piece of equipment after a reasonable allowance for the exhaustion, tear and
wear, and obsolescence of a depreciable asset.
Securitization - The process of selling lease
receivables to a separate legal entity that issues stocks and bonds to investors. The
investors' proceeds flow through to the company that sold the receivables and the
investors receive their returns from collecting lessee receivables.
Sublease - A transaction in which leased property is
re-leased by the original lessee to a third party, and the lease agreement between the two
original parties remains in effect.
Stipulated Loss Value - A clause in the master lease
that incorporates required lessee payments in the event of a default or casualty (loss or
irreparable damage of the equipment) during the lease term.
TRAC Lease - A tax-oriented lease of motor vehicles or
trailers that contains a terminal rental adjustment clause and otherwise complies with the
requirements of a guideline lease.
True Lease/Tax Lease - A tax-oriented lease, in which,
for IRS purposes, the lessor qualifies for the tax benefits of ownership and the lessee is
allowed to claim the entire amount of the lease rental as a tax deduction.
Turnaround Time - The time it takes to make a credit
decision and inform the lessee after receiving the lease application.
Two-Party Lessor- A captive leasing company, or a
lessor, that writes leases involving two parties: 1) the consolidated parent and/or
captive leasing subsidiary and 2) the lessee or end-user of the equipment.
Upgrade - An option that allows the lessee to add
equipment to an existing piece of leased equipment in order to increase its capacity or
improve its efficiency.
Vendor Lease - A lease offered by a manufacturer or
dealer to its customers for financing its products.
Warehousing - The short-term funding of leases before
permanent funding is finalized.
Wintergreen Lease - A lease that requires the lessee
to give notice to the lessor in order to renew for another term. Otherwise, the lease
terminates on the already established termination date.
Wrap Lease - A lease in which the lessor sells the
equipment to an investor for equity and a note payable over the lease term. This method
effectively transfers tax benefits to an investor.

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