SlideShare a Scribd company logo
1 of 18
The History of Leasing
By Jeffrey Taylor

Leasing is corporate America's biggest external source of equipment finance. It's
bigger than bank loans, bigger than bonds, bigger than stocks, bigger than
commercial mortgages. And it's the fastest growing form of business investment.
This year alone, over $220 billion dollars of equipment will be leased in the United
States and $550 billion throughout the world. Overall, worldwide leasing volume
continues to grow. Unfortunately, several country volumes have dropped
precipitously, thus making it more difficult to expand their leasing markets.

U.S. companies lease everything from printing presses to power plants, hay
balers to helicopters, office copiers to offshore drilling rigs, telecom equipment to
large-scale computer networks.

Over 35% of all capital equipment is financed through some form of leasing. Eight
out of ten companies - from mom and pop proprietorships to the Fortune 500 -
have turned to leasing to get ahead and stay ahead.

How did we get here? How did leasing become the most popular financing
alternative in the world? Let's explore its rich history.

In 1984, while the leasing industry was reeling from the third major tax change in
four years, archaeologists found clay tablets from the ancient Samarian city of Ur.
They discovered that these tablets documented farm equipment leases from the
year 2010 BC.

Fifty years later, the king of Babylonia in his famous Code of Hammurabi enacted
the first leasing laws. The ancient civilizations of Egypt, Greece and Rome
engaged in leasing transactions of real and personal property, while the
Phoenicians actively promoted leasing by chartering ships to local merchants.

Leasing first appeared in the United States in the 1700's to finance the use of
horse-drawn wagons. By the mid-1800's, railroad tycoons, battling to extend their
private railroads across the country, required tremendous amounts of new
capital. Most banks, however, considered railroad financing risky and refused to
lend to the emerging transportation industry. Locomotives, cars and other
railroad equipment had to be financed using new and creative methods - the
forerunners of the equipment lease.

This new scheme involved third-party investors who would pool their funds,
purchase railroad cars from a manufacturer, then lease the cars to the railroad in
the form of "equipment trust certificates". The railroad would receive title to the
equipment after making periodic payments to cover the purchase price plus
interest. This method of
financing resembles the modern-day conditional sale.

In the early 1900's, companies began to act as lessors for this equipment by
leasing it out while maintaining title to it. Often, the lessees would be shippers
who wanted control over their shipments without the responsibilities of
ownership. This method introduced the operating or true lease concept.
Meanwhile, other manufacturers were looking for additional ways to sell their
merchandise. They created the installment sale, which allowed consumers and
commercial markets to increase their purchasing power by paying for equipment
over time.

By the mid-1920's, manufacturers were basing too many major investment
decisions on credit sales. Their failure to recognize this danger helped bring
about the Great Depression in the 1930's. As many businesses suffered, they
became wary of "creative" financing and leasing was placed on hold.

Leasing returned to popularity during World War II. Manufacturers entered into
cost-plus contracts with the government. These contracts allowed the
manufacturer to recover actual costs plus a guaranteed profit. In order to
minimize costs, many of these companies leased special-purpose machinery
from the government. Companies discovered that they could return the
equipment to the government at the end of the lease, thus protecting themselves
against owning technically obsolete equipment when the war ended.

In the 1950's, consumers started to demand a vast array of goods. They wanted
speed, convenience and mobility. Manufacturers utilized leasing to help overhaul
old operations quickly and create new facilities for the production of new
products like televisions, advanced communications equipment and airplanes.

This rapid growth provided an ideal backdrop for the creation of a formal
equipment leasing industry.



The leasing industry has experienced phenomenal growth over the years. In spite of a
strong US dollar, volatile exchange rates and unpredictable interest rates, the leasing
industry continues to survive and expand. Today, all over the world, you can see banks,
insurance companies, captive finance companies, third-party vendors, brokers, and
independent leasing companies all competing to serve lessees.

What were the major factors that helped make leasing the popular financial alternative
that it is today?

The volatility of the general economy was one factor. Leasing, once considered to be
aggressive financing used only by those unable to get conventional terms, is now
regarded as a stable alternative to wildly-fluctuating interest and inflation rates. For
example:
In December 1980, the prime lending rate reached 21.5% and low-risk
      instruments like U.S. Treasury bonds stood at 17%.
      Double-digit inflation became common in the 1970's, causing many assets to be
      priced out of reach without financing.
      Annual federal budget deficits climbed continuously, from $25 billion in 1968 to a
      staggering amount of $230 billion in 1990, causing the national debt to reach a
      mind-boggling $2.7 trillion.

This financial roller coaster caused many traditional funding sources to tighten their
credit requirements, opening the door to new methods. At the same time favourable tax
laws and other regulations were bolstering leasing. Let's return to the 1950's to see why
some of these favourable changes were brought about.

In 1953, with the nation in a post-war slump, Congress wanted to promote capital
formation and manufacturing. In response, the IRS issued the Internal Revenue Code of
1954. Section 167 of that code gave the owner/lessor of equipment the ability to (1)
deduct ordinary expenses associated with a lease and (2) accelerate depreciation by
using either the 200% declining balance or the sum-of-the-years digits method.

By increasing tax deductions in the early life of the asset and deferring taxable income
to the later years, the Code was intended to enhance the benefits of ownership and
encourage capital spending. However, many companies like railroads and airlines that
needed the use of large and costly equipment couldn't afford to purchase it outright and
couldn't take advantage of these new tax benefits.

For the first time, a real distinction could be made between the benefits of ownership
and the benefits of use.

U.S. Leasing Corporation was the first general equipment leasing company formed to
take advantage of these tax benefits of ownership while passing the right to use the
equipment and the expense of maintenance to another party. In these transactions, title
usually passed to lessees upon their exercise of a nominal purchase option.

By 1955 the use of leasing had spread, and several more leasing companies entered
the market. While they were bringing new products into the leasing arena at a rapid
rate, a major tax issue was surfacing. The tax code, which had been issued by the IRS
the previous year, had not distinguished clearly between a true lease and a conditional
sale agreement. Since leasing companies didn't want to lose any of these newfound tax
benefits, they were reluctant to pursue situations, which would be questioned by the
IRS.

With the intention of defining a true lease for tax purposes, the IRS issued Revenue
Ruling 55-540 in 1955. This ruling classified a transaction as a true lease only if none of




the following conditions were true:

   1. Any portion of the lease payments was applied to an equity position in the asset
   2. Ownership automatically passed to the lessee at the end of the term
   3. The amount paid under a short-term lease was a significant portion of the
      purchase price
   4. Rental payments were substantially higher than fair market
   5. The transaction contained a nominal purchase option
   6. Any portion of the lease payment was characterized as interest.

If any one of these conditions were true, the transaction was considered a conditional
sale, and only the lessee received the tax benefits.

During the remainder of the 1950's, the economy remained somewhat flat. A mild
recession in 1960-61 once again spurred Congress to action, resulting in dramatic
changes in the leasing industry.

In another effort to pump up capital expenditures, Congress introduced in 1962 a new
tax benefit, which would provide the leasing industry with its biggest boost. The
Investment Tax Credit (ITC) provided purchasers of capital equipment with a tax credit
they could use to offset their total tax liability to the government. The purchaser could
determine the amount of this credit by taking 7% of the original equipment cost.

Lessors who could establish true leases were also entitled to the ITC. Therefore, a
smart lessor would keep the ITC, reduce the monthly rental payments from the lessee,
and still show higher after-tax yields.

Another significant event occurred in 1963, when the Comptroller of the Currency
issued a ruling permitting banks to get into the leasing business. Before this, national
banks were not allowed to own or lease personal property since their business was
restricted to lending money. Previous involvement in leasing had been limited mainly to
the trustee function involving equipment trust certificates. As soon as banks began to
take an active role in equipment leasing, the use of equipment trust certificates began to
fade.

The escalating war in Vietnam during the late 1960's affected both the social and
economic fiber of American life. The Treasury steadily increased its borrowings to
finance defense spending and social programs, pushing interest rates on both federal
and corporate debt instruments up to the 7% and 8% levels. By 1968 the federal deficit
had reached $25 billion.
Congress began using ITC to prod the economy in whichever direction seemed
appropriate, with the following results:

       1962 - ITC introduced
       1966 – repealed
       1967 - re-enacted
       1969 – repealed
       1971 - re-enacted
       1986 – repealed

This flip-flop of tax benefits along with rising interest rates gave the leasing industry its
first taste of its love/hate relationship with the government.



1970 ushered in a turbulent decade for the economy. The continued emphasis on
defense spending and the push for technological advancement left the government with
an increasing budget deficit, declining GNP and growing unemployment.

In August of 1971, President Nixon imposed the first peacetime wage and price
controls. This resulted in companies jacking up their prices and then discounting them
for selected customers in order to stay within the confines of the law. By 1973 the
Watergate scandal and the Arab oil embargo had caused the U.S. dollar to be devalued
twice.

The prime rate steadily increased during this decade, from 6% to 15.75%. Inflation rose
to 12%, discouraging savings and reducing capital available for investment. Corporate
profits were sharply reduced, and the economy slid deeper into recession. Research
and development, investment in new equipment and the planned replacement of aging
assets were usually the first budget items to be cut.

Congress responded by reinstating ITC in 1971, then increasing the ITC rate from 7% to
10% in 1975. In 1972, Congress introduced Asset Depreciation Ranges (ADR). This law
created hundreds of asset categories and prescribed useful lives for depreciating
assets. Before this, lessors had to guess the useful life of the asset, and if a lessor
chose a shorter life than the IRS thought reasonable, he would lose depreciation
benefits and increase his tax liability. But ADR provided the lessor with a method for
selecting a useful life that could not be challenged by the IRS.

Banks were given a stronger foothold in the leasing industry when Congress amended
the Bank Holding Company Act in 1970. This amendment allowed banks to form holding
companies and bank subsidiaries. As subsidiaries, bank leasing companies were no
longer subject to the stringent reserve requirements of their parent banks, providing
them with more financial leverage and a greater profits.

Companies like IBM and Xerox began to use leasing more widely to finance the
distribution of their products. They maintained equipment title, offered shorter terms,
and remarketed the equipment after the lease. These benefits attracted many
customers who wanted to avoid the risk of computer and copier technical obsolescence.
Vendor leasing quickly spread to other types of equipment, including office machinery
and furniture, cash registers, and restaurant equipment.

The marketplace also created new types of products. One example is the leveraged
lease, a highly sophisticated product that combines three parties -- lessor, lessee and
lender. In this type of transaction, the lessor finances the equipment by putting in 20%
equity and borrowing 80% from a lender on a non-recourse basis. The lessor then
keeps all of the tax benefits as well as deducting the loan interest. The leveraged tax
benefits allow the lessor to offer the lessee extremely low rentals while maintaining a
high yield.

Since the complex structuring of leveraged leases was not foreseen in 1955, many
lessors required private tax rulings from the IRS. In 1975, the IRS responded by issuing
Revenue Procedure 75-21. This procedure amplified its 1955 ruling and specified in
more detail what criteria would be used to govern leasing transactions for tax purposes.

Under Revenue Procedure 75-21 five conditions had to be met to assure a favourable



ruling:

   1. The lessor must maintain a minimal "at risk" investment of 20% during the term of
      the lease
   2. The term of the lease must include all renewal or extension periods, except for
      optional renewal periods, at prevailing fair market value
   3. Lessee may not purchase the asset at less than fair market value
   4. The lessee may not furnish any part of the cost of the asset
   5. The lessor must expect a profit from the transaction apart from the tax benefits of
      ownership.

While the IRS was dealing with the tax aspects of lessors, the Securities and Exchange
Commission (SEC) was concerned with inconsistent lessor balance sheets and income
statements. They wanted to standardize the financial statement reporting methods of
both lessors and lessees in order to help investors make better-informed investment
decisions. In 1976, the Financial Accounting Standards Board (FASB), under pressure
by
the SEC, issued a comprehensive lease accounting document entitled Financial
Accounting Statement No. 13 (FAS 13).

This statement classifies a lease as either a capital lease or an operating lease from the
lessee's viewpoint. If the lease is determined to be a capital lease, the lessee must
account for it as an outright purchase and show the asset on their financial statements.
An operating lease, on the other hand, is not reflected on the balance sheet and future
rentals are disclosed only in the footnotes.

Lessors are subjected to similar tests designed to create accounting symmetry, but
these criteria leave some loopholes that can enable both parties to leave the asset off
the balance sheet.



In the 80’s, the leasing industry witnessed five major tax laws in a very short period of
time:

       Economic Recovery and Tax Act of 1981 (ERTA)
       Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA)
       Deficit Reduction Act of 1984 (DRA)
       Tax Reform Act of 1986 (TRA)
       Competitive Bank Equality Act of 1987

In August of 1981, Congress passed ERTA, an extensive revision of the1954 Internal
Revenue Code. Led by a Republican majority in the Senate, Congress believed that the
private sector would spend and invest more money and stimulate the economy if its tax
burdens could be sharply reduced.

Two features of this law had major impacts on leasing (1) ACRS - Accelerated Cost
Recovery System and (2) Safe Harbor Leasing.

ACRS replaced the complex ADR depreciation system with a simpler and faster cost
recovery system. This new system contained only five classes of assets ranging from 3-
year to 15-year life spans and specified the percentage of cost to be written off in each
year. This enabled an owner/lessor to fully depreciate an asset without having to
estimate
useful life and salvage value.

Safe harbor leasing had a major impact on the entire business community. Tax benefits
were made available to lessors other than those complying with "true lease" guidelines.
Only three tests had to be met to qualify for the tax benefits of ownership:

       Lessor is a corporation (excluding subchapter S and personal holding
       companies)
       Lessor’s minimum investment in the leased asset is never less than 10%
       (reduced from 20%)
       The term of the lease does not exceed 90% of the useful life of the asset or
       150% of the present class life of the asset.

If all of these requirements were satisfied, the transaction would qualify as a lease for
tax purposes regardless of other factors previously disallowed, like bargain purchase
options and limited-use property.
Another new feature of safe harbor leasing was the tax benefit transfer (TBT) lease.
This enabled lessors to structure a lease with direct matching of incoming rentals and
debt payments to make a single payment to the lessee for the tax benefits. This aspect
of the law led quickly to major sales of tax shelters to "nominal lessors" who were not
normally in the leasing business. Several major companies, General Electric, for
example, did not pay taxes that year due to their tremendous participation in the TBT
marketplace.

As soon as it was enacted in 1981, ERTA became a scapegoat for the continually rising
federal budget deficit. The volume of leases written jumped from $32.8 billion in 1979 to
$57.6 billion in 1982, creating an unforeseen loss of tax revenues.

Congress passed TEFRA in August of 1982 to increase tax revenues lost under ERTA.
This new act repealed safe harbor leasing and replaced it with the "finance lease",
along with a complicated phase-in schedule. It also introduced the "90-day window",
allowing leases to be written on new equipment already in service.

The finance lease liberalized the "true lease" guidelines of Revenue Procedure 75-21 in
one major respect - fixed price purchase options of at least 10% would qualify for lease
consideration. It also contained some unfavorable requirements - spreading the ITC
benefits over 5 years and limiting the amount of tax liability that could be offset by ITC.

Although interest and inflation rates had returned to acceptable ranges by 1984, the
budget deficit was growing enormously and became a political hot potato. In June of
1984, Congress passed the Deficit Reduction Act, the third major tax law in four years,
to reduce the size of the budget deficit by raising tax revenues.

This new act postponed the introduction of finance leases from January 1984 until
January 1988, as Congress recognized the impact on the Treasury of the rapidly
growing leasing industry.

The Deficit Reduction Act of 1984 affected the leasing industry in several other ways:




       Time value of money was introduced by requiring lessors to adjust uneven rental
       streams for tax purposes
       Depreciation benefits on real property were reduced
       True-tax treatment was disallowed for leases to foreign corporations not subject
       to U.S. income tax
       TRAC leases, primarily affecting the vehicle leasing industry, were recognized as
       true-tax leases
In December 1984, President Reagan submitted a proposal to Congress for tax
simplification. Some of the aspects of this proposal, especially the elimination of
investment tax credit, caused some concern within the leasing industry. That concern
finally came to past with the signing of the Tax Reform Act in October of 1986.

This tax change was so complicated that it required 2000 pages to document it. Major
changes affecting leasing included:

       Repeal the Investment Tax Credit
       Lengthening equipment useful lives
       Introducing an alternative minimum tax
       Reducing depreciable amounts in the earlier years.

In 1987, Congress decided to help the banking community compete more effectively
against the independent leasing companies in the operating lease market by passing
the Competitive Bank Equality Act of 1987. In this legislation, Congress allowed major
financial institutions to put up to 10% of their assets into operating leases. Prior to this
new law, banks could not provide this type of lease due to the perceived risks and costs
of direct ownership.

Nonetheless, few banks took advantage of this opportunity and left the equipment
leasing industry altogether. In fact, independent leasing firms began to move into other
aspects of structured asset finance to take advantage of the Bank's reluctance to avoid
high-risk projects.

FASB 91 required leasing companies to reduce the amount of initial direct costs eligible
to be booked at lease inception, FASB 94 required leasing companies to consolidate
their leasing subsidiaries activities with the parent company, FASB 95 required leasing
companies to produce cash flow statements instead of source and use of funds
statements and FAS 96 totally overhauled the area of income tax/deferred tax
computations and presentation.

From 1988 to 1995 the equipment industry went through some extremely difficult times.
Industry leading newspapers ran monthly headlines such as, "Survival in the 90's", and
"The Lessor Under Chapter 11". Article 2A of the Uniform Commercial Code, which
codified leasing transactions, was initially adopted in 17 states. And the Equipment



Leasing Association (ELA) was losing members left and right.



Finally, in the mid 90’s, Wall Street and the business community discovered the Internet
and the IPO market. It was almost impossible not to make money. Companies were
expanding quickly and Silicon Valley in California, and the high-tech communities in
Texas and Massachusetts, supplied talent to automate every process possible. The
word E-lease was invented and volume went through the roof. Under President Clinton
the economy grew more than 4-5% per year. Companies such as Sun, HP, IBM, Cisco
were household names and started their own captive finance companies.

Unfortunately, the party could not last forever. And in 2001, the US recognized its first
major recession in decades. Alan Greenspan lowered the federal borrowing rate 9 times
to an all-time low of 2.5%. As of this writing, President Bush is still considering altering
the alternative minimum tax and lowering corporate tax rates to spur the economy. The
ELA would prefer changing the accelerated depreciation rules.

As a result of the World Trade Center bombings, it may take years to rebuild the US
infrastructure. Whatever happens, I can assure you, the leasing industry will be there
and at the front of the line – a privilege that rarely comes along in life.

Jeffrey Taylor frequently writes on leasing subjects and has been published in the Molloy
Monitor, Asian Leasing Journal, Journal of Equipment Lease Financing, Practical Cash
Management, Asset Leasing Digest, Handbook of Equipment Leasing, E-trucker Magazine and
Business Asset Magazine.

Top of Page

fbibusiness.com/history_of_leasing.htm




Introduction to Leasing
With the average cost of a new car rising each year, it is becoming more important to
understand the options available for financing. Leasing has become a much more
widespread option available to consumers through a number of different sources
including automobile manufactures, local dealerships, financial institutions, and
independent leasing companies.

Because of the variety of different leasing plans available, the amount of regulation of
the leasing industry, and what can sometimes be a high stress situation of negotiating a
price for a car, consumers need to be well informed so they can make a decision that
best fits their individual situation.

Leasing is not for everyone, and it is important for you to consider things like how long
you like to keep your car, how many miles you drive your car each year, how much
money you want to make available for an initial payment, and how you value ownership
or equity of your car.
The basic principle of leasing is that you pay only for what you use of the car. The most
frequently cited advantages of leasing are that leasing requires a lower initial cash
outlay, the monthly payments can be lower than a loan, and you can usually get more
car for your money. Common disadvantages are that at the end of the lease you don't
own the car, and you may get charged for excess miles driven and excess wear and
tear on the vehicle.

The basic principles of buying your car, either with cash outright or with a loan, is that
you have or are building equity toward ownership. The main advantage is that you own
the car after all the payments are made. The main disadvantage is that by the time you
actually own the car, it may have cost you more that the car is worth.

Our goal is that after having read this guide you will have a better understanding of the
considerations you should make when choosing to lease or buy, as well as a basic
understanding of the most common terms and conditions of a lease and your rights and
responsibilities as a potential lease customer.

Some Facts About Leasing
Leasing has exploded in recent years, with individual consumers accounting for the bulk
of the increase.

It has grown more than tenfold in less than a decade and now accounts for more than
27% of the 15 million-plus vehicles sold in the United States. Why the dramatic upsurge
in leasing?

A decline in the percentage of disposable savings of Americans and changes to the tax
laws are the main causes. In 1987, more than 70% of disposable savings was available
for the purchase of consumer goods. By 1993 that figure had declined to less than 40%.
And this year, the percentage continues its downward slide. Additionally, the many tax
deductions that favored purchasing over leasing were eliminated. Since those tax laws
were changed, leasing has enjoyed a steady 2% to 3% increase per year for about the
last ten years.

www.leaserite.com/introduction.html




Study Notes: Business Finance & Accounting
Introduction to hire purchase and leasing

Introduction

The acquisition of assets - particularly expensive capital equipment - is a major commitment for
many businesses. How that acquisition is funded requires careful planning.
Rather than pay for the asset outright using cash, it can often make sense for businesses to look
for ways of spreading the cost of acquiring an asset, to coincide with the timing of the revenue
generated by the business.The most common sources of medium term finance for investment in
capital assets are Hire Purchase and Leasing.

Leasing and hire purchase are financial facilities which allow a business to use an asset over a
fixed period, in return for regular payments. The business customer chooses the equipment it
requires and the finance company buys it on behalf of the business.

Many kinds of business asset are suitable for financing using hire purchase or leasing, including:

- Plant and machinery
- Business cars
- Commercial vehicles
- Agricultural equipment
- Hotel equipment
- Medical and dental equipment
- Computers, including software packages
-Office equipment

Hire purchase

With a hire purchase agreement, after all the payments have been made, the business customer
becomes the owner of the equipment. This ownership transfer either automatically or on payment
of an option to purchase fee.

For tax purposes, from the beginning of the agreement the business customer is treated as the
owner of the equipment and so can claim capital allowances. Capital allowances can be a
significant tax incentive for businesses to invest in new plant and machinery or to upgrade
information systems.

Under a hire purchase agreement, the business customer is normally responsible for maintenance
of the equipment.

Leasing

The fundamental characteristic of a lease is that ownership never passes to the business
customer.

Instead, the leasing company claims the capital allowances and passes some of the benefit on to
the business customer, by way of reduced rental charges.

The business customer can generally deduct the full cost of lease rentals from taxable income, as
a trading expense.
As with hire purchase, the business customer will normally be responsible for maintenance of the
equipment.

There are a variety of types of leasing arrangement:

Finance Leasing

The finance lease or 'full payout lease' is closest to the hire purchase alternative. The leasing
company recovers the full cost of the equipment, plus charges, over the period of the lease.

Although the business customer does not own the equipment, they have most of the 'risks and
rewards' associated with ownership. They are responsible for maintaining and insuring the asset
and must show the leased asset on their balance sheet as a capital item.

When the lease period ends, the leasing company will usually agree to a secondary lease period
at significantly reduced payments. Alternatively, if the business wishes to stop using the
equipment, it may be sold second-hand to an unrelated third party. The business arranges the sale
on behalf of the leasing company and obtains the bulk of the sale proceeds.

Operating Leasing

If a business needs a piece of equipment for a shorter time, then operating leasing may be the
answer. The leasing company will lease the equipment, expecting to sell it secondhand at the end
of the lease, or to lease it again to someone else. It will, therefore, not need to recover the full
cost of the equipment through the lease rentals.

This type of leasing is common for equipment where there is a well-established secondhand
market (e.g. cars and construction equipment). The lease period will usually be for two to three
years, although it may be much longer, but is always less than the working life of the machine.

Assets financed under operating leases are not shown as assets on the balance sheet. Instead, the
entire operating lease cost is treated as a cost in the profit and loss account.

Contract Hire

Contract hire is a form of operating lease and it is often used for vehicles.

The leasing company undertakes some responsibility for the management and maintenance of the
vehicles. Services can include regular maintenance and repair costs, replacement of tyres and
batteries, providing replacement vehicles, roadside assistance and recovery services and payment
of the vehicle licences.

http://tutor2u.net/business/finance/finance_sources_assets_leasingintro.asp
Leasing's Evolution
A Guide to Strategic Decision Making

By Sudhir P. Amembal

January 11th, 2011

Leasing is one of the most vibrant and dynamic industries in the world. It facilitates the financing
of equipment and real property. It fosters economic growth, creates employment, and enhances
tax revenues. It affects every sphere of our lives as it encompasses automobiles, furniture,
airplanes, restaurant equipment, computers, telecom equipment, medical equipment, and more.

THE SIGNIFICANCE OF LEASING

As vibrant as the leasing industry is, unfortunately, no one in the world accurately tracks the
entire global leasing industry with reference to items such as annual volume, portfolio
breakdown, types of asset leased, sectors leased to, performance measures and the like. However,
unofficial statistics place annual volume in excess of US$ 1 trillion! Leasing, on a global basis,
accounts for more than 20% of all capital formation; in other words, approximately 20% of all
capital investment in personal property (as contrasted with real property) is made through
leasing. This is solid evidence that leasing helps fuel economic development. The industry’s
spectacular growth has been made possible not just because of the varied benefits offered by
lease financing but because it has been managed and shepherded successfully by creative leaders
who have continually introduced new products, expanded beyond their geographical boundaries,
and displayed resilience to changing regulatory, legal and tax climates.

STRATEGIC DECISION MAKING

Individuals at the helm are continually faced with having to make strategic decisions such as
choosing to specialize (as versus operating as generalists), choosing to introduce operating leases
(as versus staying with finance leases), and choosing to forge foreign joint ventures (as versus
staying on shore). Decisions, such as these and many others, are made based on many factors
including how developed the industry is in the relevant country, how competitive it is, how
saturated the market is and how sophisticated the customers are. One of the factors mentioned
above that impacts many a strategic decision is how developed the industry is in the country
where the lessor is domiciled or where the global lessor plans to expand. This article is intended
to offer insight into how leasing develops throughout the world and, through such insight, it is
hoped that some aspects of decision making will be facilitated. For those who are not faced with
having to make strategic decisions, this article will provide insight into how leasing evolves in
each and every country in the world. Having had the privilege of visiting over 70 leasing
economies over the past two decades, the author began to observe a commonality in the world of
leasing having to do with leasing’s evolution and development.


THE EVOLUTION OF LEASING

Leasing’s evolution in some ways is no different than that of
any other industry in the world in that leasing progresses from
being newly born to becoming fully developed. The diagram
that follows details the four obvious stages.

Leasing is, of course, nonexistent in some of the extremely
under-developed and/or politically ravaged economies such as
Iraq and Myanmar. It has recently come into existence
(nascent) in countries such as Rwanda. In most countries in the
world it is evolving (emerging). These include countries in the
Asian Pacific region, Latin America, Central and Eastern Europe and Africa. Maturity suggests a
condition of full development. Leasing has matured in countries such as Australia, the U.K. and
the United States. How the industry moves from being newly born to maturity and what causes
such movement is best understood by reviewing the six phases of the leasing cycle. Diagram 2
details the six phases.

THE SIX PHASES OF THE LEASING CYCLE

Rentals (Phase One) have preceded the leasing product by
centuries and, even today, this industry is extremely
competitive and vibrant in every country in the world. Rentals
are characterized by their short-term (less than 12 months),
full-service nature. Full-service means that the typical
responsibilities of ownership – such as maintenance, repairs
and insurance – are provided by the one who rents out the
equipment and not the user. At the end of the rental contract
period, the user returns the equipment to the owner.

Modern day leasing began in the mid 1950’s — both in the
United Kingdom and the United States – in the form of the
―Simple‖ Finance Lease (Phase Two). The words ―Simple‖ and
―Creative‖ are words used by the author to distinguish between
the two types of finance leases in the context of the evolution
of leasing. In the marketplace, both these types of leases are
finance leases. In every single country in the world, the ―Simple‖ finance lease is the first lease
product that is introduced at the industry’s birth. The product is invariably characterized by the
lessee’s intent to eventually own the equipment. The lease is merely a financing instrument. At
the end of the lease term, the lessee, having fully paid the lessor through the lease rentals,
purchases the equipment for a nominal amount of consideration. As leasing is a new product, the
psychology of ownership is still very much inherent in the user’s thought process. The lessor,
too, intends to merely finance the equipment through a lease and is not desirous of having the
asset returned at the end of the term.

Credit risk, not asset risk, is acceptable to the lessor, as the latter requires developed secondary
markets, which do not necessarily exist during this phase. The lease product is almost invariably
offered on a net basis (opposite of full- service) in which the lessor’s services are limited to
financing the equipment. During this phase the market is usually rate driven and not value added
driven. Needless to say, spreads are generous, though decreasing of late. From a strategic point
of view, for those seeking to cross borders, this is generally a good time to expand into emerging
markets — well before competition becomes too intense! For those who are on the ground in the
country in question, this is a good time to consider becoming value added and thereby not
necessarily becoming victims to margin compression.

Both with the passage of time and the entry of other players in the market, the leasing industry
enters Phase Three — the ―Creative‖ Finance Lease Phase. During this phase, lessors begin to
structure many of their finance leases and also provide the lessee with varied end of term options
such as the option to renew or purchase at a fixed price.

It is during this phase, in most countries, that leasing experiences the largest growth, in terms of
both absolute volume and market penetration. Also, many dealers/manufacturers that hereto have
relied on independent leasing companies begin to form their own leasing companies. Tax
authorities and regulators, realizing the significance of leasing, take a closer look at the industry
and arrive at rules, regulations, and guidelines, meant to stimulate further growth.

This phase, too, is generally rate-focused though some lessors, based on severe competition,
begin to address the value-added aspects of leasing. These aspects may include shortening the
response time from the date of lease application to the date of lease funding or bundling of
services, such as maintenance, into the finance lease. As the market experiences substantial
growth, rate-focused leasing at times leads to volume competition. Lessors begin to narrow their
spreads in a buyer’s market. Continued narrowing of spreads causes many lessors to exit the
industry. The industry learns from experience that it cannot remain rate driven.

From a strategic point of view, this is also a good time to enter emerging markets. Though
margins will have shrunk, leasing infrastructure will be more solid — items having to do with
clarity on legal and tax issues. For the strictly domestic players this is the time to decide whether
to focus on niche markets — be it by region, by asset type, by sector, by credit quality, or by
transaction size.

Phase Four, the Operating Lease Phase, comes about with the passage of time, intense
competition, transfer of technology from one leasing country to another, demand by
multinational lessees, and developing or developed secondary markets. In some countries, the
product is fueled by the fact that finance leases are denied ―true lease‖ or ―tax lease‖ status. The
introduction of international accounting standards further fuels the demand for operating leases
as finance leases no longer qualify for off balance sheet financing. Of course, forthcoming
changes in international accounting standards are likely to jeopardise off balance sheet financing
in totality. However, this does not mean that operating leases, as a product, will disappear; they
will continue to offer major benefits having to do with items such as their full service features, a
hedge against the deterioration of asset market values, and any possible tax benefits that finance
leases may not offer.

The key features of this product are the ability of the lessee to return the equipment at the end of
the lease term, and the full-service nature of many operating leases. Bundling of services and
one-stop-shopping become a convenience to the lessee. With these features, (using computers as
an example) hardware, software, installation, maintenance, and training are packaged into one
transaction. All mature lease economies offer the operating lease product; emerging markets
have begun to introduce it only recently.

From a strategic point of view, this is a good time to expand overseas by offering skill base and
experience through joint ventures with those lessors who seek to offer new products. For those
on the ground, this is the time to decide whether to stay with finance leases only (nothing wrong
with this as the overwhelming majority of lessors globally successfully stay in this phase) on a
value added basis or to consider new products.

On-going intense competition, continued lessor creativity, and ever-increasing transfer of
technology propels the industry to Phase Five, the New Products Phase. In this phase, the
operating lease becomes extremely sophisticated, with complex end-of-term options (such as
puts, calls, and first amendment clauses), early termination options, upgrades and rollovers,
technology refreshes, and the like.

Phase Five also brings about new products such as securitization, income funds, venture leases,
and synthetic leases (off-balance sheet loans).

From a strategic point of view, now is the time to consider domestic joint ventures and or
mergers and acquisitions as the next phase - maturity, will bring about flatness in market
penetration.

Finally, the industry, following the classic industry curve from infancy to maturity, enters the last
phase, Phase Six, Maturity. Maturity is characterized by substantial consolidation within the
industry. Such consolidation takes the form of mergers, acquisitions, joint ventures and alliances.
Maturity also brings forth lower margins, causing lessors to look for profits through operational
efficiencies as versus increased sales volume. Penetration flattens during this phase, as leasing
volume increases only with the overall growth of the economy

Though the six phases apply universally, it is important to note two points. First, the sequence
applies to the industry in general within each country, and not to all of the players. It is very
common for lessors not to grow sequentially. As an example, some that offer new products such
as venture leases may not be in the operating lease business. Second, each phase is not mutually
exclusive. Using the United States as an example, though the industry has reached maturity,
many lessors continue to offer only finance leases, some only specialize in operating leases,
whereas others diversify into products such as synthetic leases.
As emerging markets evolve toward maturity, it is critical to note that the leasing cycle (from the
―simple‖ finance lease to maturity) has become shorter and shorter. This is obviously due to
information sharing and technology transfer among markets.

CONCLUSION

Many factors impact the timing of strategic decisions — one of them has to do with the evolution
of leasing. It is hoped that this article will provide sufficient insight into the relationship between
certain strategic decisions and leasing’s evolution.




Sudhir P. Amembal

                Sudhir P. Amembal is Chairman & CEO of Amembal & Associates, the world’s
                most highly respected lease training, consulting and publishing firm. Entities
                under Mr. Amembal’s stewardship have trained over 60,000 leasing
                professionals throughout the world. As an educator, Mr. Amembal has conducted
                leasing seminars in over 70 countries. As a government advisor, he has
spearheaded consultancy projects for over 20 national governments. As an author, he has
authored, coauthored and published 16 leasing industry publications. Mr. Amembal is co-founder
and publisher of World Leasing News (www.worldleasingnews.com) and Global Leasing
Resource (www.globalleasingresource.com) Mr. Amembal has chaired the annual World
Leasing Convention since 1993. He can be contacted at: sudhir@amembalandassociates.com

http://www.globalleasingresource.com/articles/leasings_evolution

More Related Content

What's hot (20)

Leasing
LeasingLeasing
Leasing
 
Lease financing
Lease financingLease financing
Lease financing
 
Unit 4 oppression & mismanagement
Unit 4 oppression & mismanagementUnit 4 oppression & mismanagement
Unit 4 oppression & mismanagement
 
Winding up of a company
Winding up of a companyWinding up of a company
Winding up of a company
 
Financial management term loans and lease financing
Financial management term loans and lease financingFinancial management term loans and lease financing
Financial management term loans and lease financing
 
Lbo presentation
Lbo presentationLbo presentation
Lbo presentation
 
Lease financing
Lease financingLease financing
Lease financing
 
Lease financing
Lease financingLease financing
Lease financing
 
Lease finance-presentation
Lease finance-presentationLease finance-presentation
Lease finance-presentation
 
Lifting the veil of corporate personality
Lifting the veil of corporate personalityLifting the veil of corporate personality
Lifting the veil of corporate personality
 
Leasing presentation
Leasing presentation Leasing presentation
Leasing presentation
 
Leasing
LeasingLeasing
Leasing
 
leasing
leasing leasing
leasing
 
Sources of Long term finance
Sources of Long term financeSources of Long term finance
Sources of Long term finance
 
Bank as a financial intermediaries 2
Bank as a financial intermediaries 2Bank as a financial intermediaries 2
Bank as a financial intermediaries 2
 
RIGHT ISSUES
RIGHT ISSUESRIGHT ISSUES
RIGHT ISSUES
 
Insurance Companies Accounts
Insurance Companies AccountsInsurance Companies Accounts
Insurance Companies Accounts
 
Important conditions in marine policy
Important conditions in marine policyImportant conditions in marine policy
Important conditions in marine policy
 
insurance.pptx
insurance.pptxinsurance.pptx
insurance.pptx
 
Oppression & Mismanagement.pptx
Oppression & Mismanagement.pptxOppression & Mismanagement.pptx
Oppression & Mismanagement.pptx
 

Viewers also liked

Askari leasing limited multan
Askari leasing limited multanAskari leasing limited multan
Askari leasing limited multanjoiyalove
 
Leasing by SADIONA ABAZAJ
Leasing by SADIONA ABAZAJLeasing by SADIONA ABAZAJ
Leasing by SADIONA ABAZAJSadiona Abazaj
 
Bab 5 bani umayah
Bab 5 bani umayahBab 5 bani umayah
Bab 5 bani umayah2805khusna
 
Pengantar ilmu ekonomi mikro
Pengantar ilmu ekonomi mikroPengantar ilmu ekonomi mikro
Pengantar ilmu ekonomi mikronanang aw aw
 
Sejarah Perkembangan Islam Pada Masa Dinasti Umayyah
Sejarah Perkembangan Islam Pada Masa Dinasti UmayyahSejarah Perkembangan Islam Pada Masa Dinasti Umayyah
Sejarah Perkembangan Islam Pada Masa Dinasti UmayyahBaitinnajmah
 
Perkembangan Islam Pada Masa Dinasti Al Ayyubiyah
Perkembangan Islam Pada Masa Dinasti Al AyyubiyahPerkembangan Islam Pada Masa Dinasti Al Ayyubiyah
Perkembangan Islam Pada Masa Dinasti Al AyyubiyahBaitinnajmah
 
Lease presentation
Lease presentationLease presentation
Lease presentationIbadat Singh
 

Viewers also liked (11)

Leasing
LeasingLeasing
Leasing
 
Askari leasing limited multan
Askari leasing limited multanAskari leasing limited multan
Askari leasing limited multan
 
Leasing by SADIONA ABAZAJ
Leasing by SADIONA ABAZAJLeasing by SADIONA ABAZAJ
Leasing by SADIONA ABAZAJ
 
Merchant banking and financial services unit 4 notes for mba
Merchant banking and financial services unit 4 notes for mbaMerchant banking and financial services unit 4 notes for mba
Merchant banking and financial services unit 4 notes for mba
 
Hukum pembiayaan makalah leasing
Hukum pembiayaan makalah leasingHukum pembiayaan makalah leasing
Hukum pembiayaan makalah leasing
 
Bab 5 bani umayah
Bab 5 bani umayahBab 5 bani umayah
Bab 5 bani umayah
 
sejarah pemikiran ekonomi islam
sejarah pemikiran ekonomi islamsejarah pemikiran ekonomi islam
sejarah pemikiran ekonomi islam
 
Pengantar ilmu ekonomi mikro
Pengantar ilmu ekonomi mikroPengantar ilmu ekonomi mikro
Pengantar ilmu ekonomi mikro
 
Sejarah Perkembangan Islam Pada Masa Dinasti Umayyah
Sejarah Perkembangan Islam Pada Masa Dinasti UmayyahSejarah Perkembangan Islam Pada Masa Dinasti Umayyah
Sejarah Perkembangan Islam Pada Masa Dinasti Umayyah
 
Perkembangan Islam Pada Masa Dinasti Al Ayyubiyah
Perkembangan Islam Pada Masa Dinasti Al AyyubiyahPerkembangan Islam Pada Masa Dinasti Al Ayyubiyah
Perkembangan Islam Pada Masa Dinasti Al Ayyubiyah
 
Lease presentation
Lease presentationLease presentation
Lease presentation
 

Similar to The history of leasing

Leasing Companies
Leasing CompaniesLeasing Companies
Leasing CompaniesASAD ALI
 
Financial leasing
Financial leasingFinancial leasing
Financial leasingAhmed Selim
 
55438184 report-role-of-derivative-in-economic-development
55438184 report-role-of-derivative-in-economic-development55438184 report-role-of-derivative-in-economic-development
55438184 report-role-of-derivative-in-economic-developmentNikita Kagalwala
 
Lease market in australia
Lease market in australiaLease market in australia
Lease market in australiaakarshijain
 
History and overview of securitization
History and overview of securitizationHistory and overview of securitization
History and overview of securitizationsugeladi
 
Equipment Leasing_An asset class for Middle East investors_IF News_24 August ...
Equipment Leasing_An asset class for Middle East investors_IF News_24 August ...Equipment Leasing_An asset class for Middle East investors_IF News_24 August ...
Equipment Leasing_An asset class for Middle East investors_IF News_24 August ...Mark Mortimore
 
F544348.pdf
F544348.pdfF544348.pdf
F544348.pdfaijbm
 
problems and prospects of leasing in india
problems and prospects of leasing in indiaproblems and prospects of leasing in india
problems and prospects of leasing in indiaBooma Thayumanavar
 
Financial services ( Lease Financing)
Financial services ( Lease Financing)Financial services ( Lease Financing)
Financial services ( Lease Financing)LotusKathir
 
Synthetic leases1
Synthetic leases1Synthetic leases1
Synthetic leases1Zoey Sally
 
Property Owner Business Proposal
Property Owner Business ProposalProperty Owner Business Proposal
Property Owner Business ProposalKelvin Xuna
 
Page 858488 A.2d 858 (Del. 1985)Alden SMITH and John W.docx
Page 858488 A.2d 858 (Del. 1985)Alden SMITH and John W.docxPage 858488 A.2d 858 (Del. 1985)Alden SMITH and John W.docx
Page 858488 A.2d 858 (Del. 1985)Alden SMITH and John W.docxalfred4lewis58146
 
Saylor URL httpwww.saylor.orgbooks Saylor.org 839 .docx
Saylor URL httpwww.saylor.orgbooks  Saylor.org  839 .docxSaylor URL httpwww.saylor.orgbooks  Saylor.org  839 .docx
Saylor URL httpwww.saylor.orgbooks Saylor.org 839 .docxtodd331
 
Latin America - opportunities and challenges
Latin America - opportunities and challengesLatin America - opportunities and challenges
Latin America - opportunities and challengesManuel Zapata Castro
 

Similar to The history of leasing (20)

Leasing747e
Leasing747eLeasing747e
Leasing747e
 
Leasing Companies
Leasing CompaniesLeasing Companies
Leasing Companies
 
Leasing
LeasingLeasing
Leasing
 
Financial leasing
Financial leasingFinancial leasing
Financial leasing
 
55438184 report-role-of-derivative-in-economic-development
55438184 report-role-of-derivative-in-economic-development55438184 report-role-of-derivative-in-economic-development
55438184 report-role-of-derivative-in-economic-development
 
Lease market in australia
Lease market in australiaLease market in australia
Lease market in australia
 
History and overview of securitization
History and overview of securitizationHistory and overview of securitization
History and overview of securitization
 
Equipment Leasing_An asset class for Middle East investors_IF News_24 August ...
Equipment Leasing_An asset class for Middle East investors_IF News_24 August ...Equipment Leasing_An asset class for Middle East investors_IF News_24 August ...
Equipment Leasing_An asset class for Middle East investors_IF News_24 August ...
 
Lease and hire purchase
Lease and hire purchaseLease and hire purchase
Lease and hire purchase
 
F544348.pdf
F544348.pdfF544348.pdf
F544348.pdf
 
problems and prospects of leasing in india
problems and prospects of leasing in indiaproblems and prospects of leasing in india
problems and prospects of leasing in india
 
Financial services ( Lease Financing)
Financial services ( Lease Financing)Financial services ( Lease Financing)
Financial services ( Lease Financing)
 
Synthetic leases1
Synthetic leases1Synthetic leases1
Synthetic leases1
 
Property Owner Business Proposal
Property Owner Business ProposalProperty Owner Business Proposal
Property Owner Business Proposal
 
Blue Sky Laws
Blue Sky LawsBlue Sky Laws
Blue Sky Laws
 
Page 858488 A.2d 858 (Del. 1985)Alden SMITH and John W.docx
Page 858488 A.2d 858 (Del. 1985)Alden SMITH and John W.docxPage 858488 A.2d 858 (Del. 1985)Alden SMITH and John W.docx
Page 858488 A.2d 858 (Del. 1985)Alden SMITH and John W.docx
 
Saylor URL httpwww.saylor.orgbooks Saylor.org 839 .docx
Saylor URL httpwww.saylor.orgbooks  Saylor.org  839 .docxSaylor URL httpwww.saylor.orgbooks  Saylor.org  839 .docx
Saylor URL httpwww.saylor.orgbooks Saylor.org 839 .docx
 
Leasing presentation 2
Leasing presentation 2Leasing presentation 2
Leasing presentation 2
 
Latin America - opportunities and challenges
Latin America - opportunities and challengesLatin America - opportunities and challenges
Latin America - opportunities and challenges
 
Final leasing
Final leasingFinal leasing
Final leasing
 

Recently uploaded

Governor Olli Rehn: Dialling back monetary restraint
Governor Olli Rehn: Dialling back monetary restraintGovernor Olli Rehn: Dialling back monetary restraint
Governor Olli Rehn: Dialling back monetary restraintSuomen Pankki
 
原版1:1复刻温哥华岛大学毕业证Vancouver毕业证留信学历认证
原版1:1复刻温哥华岛大学毕业证Vancouver毕业证留信学历认证原版1:1复刻温哥华岛大学毕业证Vancouver毕业证留信学历认证
原版1:1复刻温哥华岛大学毕业证Vancouver毕业证留信学历认证rjrjkk
 
Vp Girls near me Delhi Call Now or WhatsApp
Vp Girls near me Delhi Call Now or WhatsAppVp Girls near me Delhi Call Now or WhatsApp
Vp Girls near me Delhi Call Now or WhatsAppmiss dipika
 
fca-bsps-decision-letter-redacted (1).pdf
fca-bsps-decision-letter-redacted (1).pdffca-bsps-decision-letter-redacted (1).pdf
fca-bsps-decision-letter-redacted (1).pdfHenry Tapper
 
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...Amil baba
 
《加拿大本地办假证-寻找办理Dalhousie毕业证和达尔豪斯大学毕业证书的中介代理》
《加拿大本地办假证-寻找办理Dalhousie毕业证和达尔豪斯大学毕业证书的中介代理》《加拿大本地办假证-寻找办理Dalhousie毕业证和达尔豪斯大学毕业证书的中介代理》
《加拿大本地办假证-寻找办理Dalhousie毕业证和达尔豪斯大学毕业证书的中介代理》rnrncn29
 
(办理原版一样)QUT毕业证昆士兰科技大学毕业证学位证留信学历认证成绩单补办
(办理原版一样)QUT毕业证昆士兰科技大学毕业证学位证留信学历认证成绩单补办(办理原版一样)QUT毕业证昆士兰科技大学毕业证学位证留信学历认证成绩单补办
(办理原版一样)QUT毕业证昆士兰科技大学毕业证学位证留信学历认证成绩单补办fqiuho152
 
GOODSANDSERVICETAX IN INDIAN ECONOMY IMPACT
GOODSANDSERVICETAX IN INDIAN ECONOMY IMPACTGOODSANDSERVICETAX IN INDIAN ECONOMY IMPACT
GOODSANDSERVICETAX IN INDIAN ECONOMY IMPACTharshitverma1762
 
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...Amil baba
 
government_intervention_in_business_ownership[1].pdf
government_intervention_in_business_ownership[1].pdfgovernment_intervention_in_business_ownership[1].pdf
government_intervention_in_business_ownership[1].pdfshaunmashale756
 
The Core Functions of the Bangko Sentral ng Pilipinas
The Core Functions of the Bangko Sentral ng PilipinasThe Core Functions of the Bangko Sentral ng Pilipinas
The Core Functions of the Bangko Sentral ng PilipinasCherylouCamus
 
PMFBY , Pradhan Mantri Fasal bima yojna
PMFBY , Pradhan Mantri  Fasal bima yojnaPMFBY , Pradhan Mantri  Fasal bima yojna
PMFBY , Pradhan Mantri Fasal bima yojnaDharmendra Kumar
 
Financial analysis on Risk and Return.ppt
Financial analysis on Risk and Return.pptFinancial analysis on Risk and Return.ppt
Financial analysis on Risk and Return.ppttadegebreyesus
 
NO1 Certified kala jadu karne wale ka contact number kala jadu karne wale bab...
NO1 Certified kala jadu karne wale ka contact number kala jadu karne wale bab...NO1 Certified kala jadu karne wale ka contact number kala jadu karne wale bab...
NO1 Certified kala jadu karne wale ka contact number kala jadu karne wale bab...Amil baba
 
(中央兰开夏大学毕业证学位证成绩单-案例)
(中央兰开夏大学毕业证学位证成绩单-案例)(中央兰开夏大学毕业证学位证成绩单-案例)
(中央兰开夏大学毕业证学位证成绩单-案例)twfkn8xj
 
Stock Market Brief Deck FOR 4/17 video.pdf
Stock Market Brief Deck FOR 4/17 video.pdfStock Market Brief Deck FOR 4/17 video.pdf
Stock Market Brief Deck FOR 4/17 video.pdfMichael Silva
 
SBP-Market-Operations and market managment
SBP-Market-Operations and market managmentSBP-Market-Operations and market managment
SBP-Market-Operations and market managmentfactical
 
Call Girls Near Golden Tulip Essential Hotel, New Delhi 9873777170
Call Girls Near Golden Tulip Essential Hotel, New Delhi 9873777170Call Girls Near Golden Tulip Essential Hotel, New Delhi 9873777170
Call Girls Near Golden Tulip Essential Hotel, New Delhi 9873777170Sonam Pathan
 

Recently uploaded (20)

Governor Olli Rehn: Dialling back monetary restraint
Governor Olli Rehn: Dialling back monetary restraintGovernor Olli Rehn: Dialling back monetary restraint
Governor Olli Rehn: Dialling back monetary restraint
 
🔝+919953056974 🔝young Delhi Escort service Pusa Road
🔝+919953056974 🔝young Delhi Escort service Pusa Road🔝+919953056974 🔝young Delhi Escort service Pusa Road
🔝+919953056974 🔝young Delhi Escort service Pusa Road
 
原版1:1复刻温哥华岛大学毕业证Vancouver毕业证留信学历认证
原版1:1复刻温哥华岛大学毕业证Vancouver毕业证留信学历认证原版1:1复刻温哥华岛大学毕业证Vancouver毕业证留信学历认证
原版1:1复刻温哥华岛大学毕业证Vancouver毕业证留信学历认证
 
Vp Girls near me Delhi Call Now or WhatsApp
Vp Girls near me Delhi Call Now or WhatsAppVp Girls near me Delhi Call Now or WhatsApp
Vp Girls near me Delhi Call Now or WhatsApp
 
Q1 2024 Newsletter | Financial Synergies Wealth Advisors
Q1 2024 Newsletter | Financial Synergies Wealth AdvisorsQ1 2024 Newsletter | Financial Synergies Wealth Advisors
Q1 2024 Newsletter | Financial Synergies Wealth Advisors
 
fca-bsps-decision-letter-redacted (1).pdf
fca-bsps-decision-letter-redacted (1).pdffca-bsps-decision-letter-redacted (1).pdf
fca-bsps-decision-letter-redacted (1).pdf
 
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...
 
《加拿大本地办假证-寻找办理Dalhousie毕业证和达尔豪斯大学毕业证书的中介代理》
《加拿大本地办假证-寻找办理Dalhousie毕业证和达尔豪斯大学毕业证书的中介代理》《加拿大本地办假证-寻找办理Dalhousie毕业证和达尔豪斯大学毕业证书的中介代理》
《加拿大本地办假证-寻找办理Dalhousie毕业证和达尔豪斯大学毕业证书的中介代理》
 
(办理原版一样)QUT毕业证昆士兰科技大学毕业证学位证留信学历认证成绩单补办
(办理原版一样)QUT毕业证昆士兰科技大学毕业证学位证留信学历认证成绩单补办(办理原版一样)QUT毕业证昆士兰科技大学毕业证学位证留信学历认证成绩单补办
(办理原版一样)QUT毕业证昆士兰科技大学毕业证学位证留信学历认证成绩单补办
 
GOODSANDSERVICETAX IN INDIAN ECONOMY IMPACT
GOODSANDSERVICETAX IN INDIAN ECONOMY IMPACTGOODSANDSERVICETAX IN INDIAN ECONOMY IMPACT
GOODSANDSERVICETAX IN INDIAN ECONOMY IMPACT
 
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...
 
government_intervention_in_business_ownership[1].pdf
government_intervention_in_business_ownership[1].pdfgovernment_intervention_in_business_ownership[1].pdf
government_intervention_in_business_ownership[1].pdf
 
The Core Functions of the Bangko Sentral ng Pilipinas
The Core Functions of the Bangko Sentral ng PilipinasThe Core Functions of the Bangko Sentral ng Pilipinas
The Core Functions of the Bangko Sentral ng Pilipinas
 
PMFBY , Pradhan Mantri Fasal bima yojna
PMFBY , Pradhan Mantri  Fasal bima yojnaPMFBY , Pradhan Mantri  Fasal bima yojna
PMFBY , Pradhan Mantri Fasal bima yojna
 
Financial analysis on Risk and Return.ppt
Financial analysis on Risk and Return.pptFinancial analysis on Risk and Return.ppt
Financial analysis on Risk and Return.ppt
 
NO1 Certified kala jadu karne wale ka contact number kala jadu karne wale bab...
NO1 Certified kala jadu karne wale ka contact number kala jadu karne wale bab...NO1 Certified kala jadu karne wale ka contact number kala jadu karne wale bab...
NO1 Certified kala jadu karne wale ka contact number kala jadu karne wale bab...
 
(中央兰开夏大学毕业证学位证成绩单-案例)
(中央兰开夏大学毕业证学位证成绩单-案例)(中央兰开夏大学毕业证学位证成绩单-案例)
(中央兰开夏大学毕业证学位证成绩单-案例)
 
Stock Market Brief Deck FOR 4/17 video.pdf
Stock Market Brief Deck FOR 4/17 video.pdfStock Market Brief Deck FOR 4/17 video.pdf
Stock Market Brief Deck FOR 4/17 video.pdf
 
SBP-Market-Operations and market managment
SBP-Market-Operations and market managmentSBP-Market-Operations and market managment
SBP-Market-Operations and market managment
 
Call Girls Near Golden Tulip Essential Hotel, New Delhi 9873777170
Call Girls Near Golden Tulip Essential Hotel, New Delhi 9873777170Call Girls Near Golden Tulip Essential Hotel, New Delhi 9873777170
Call Girls Near Golden Tulip Essential Hotel, New Delhi 9873777170
 

The history of leasing

  • 1. The History of Leasing By Jeffrey Taylor Leasing is corporate America's biggest external source of equipment finance. It's bigger than bank loans, bigger than bonds, bigger than stocks, bigger than commercial mortgages. And it's the fastest growing form of business investment. This year alone, over $220 billion dollars of equipment will be leased in the United States and $550 billion throughout the world. Overall, worldwide leasing volume continues to grow. Unfortunately, several country volumes have dropped precipitously, thus making it more difficult to expand their leasing markets. U.S. companies lease everything from printing presses to power plants, hay balers to helicopters, office copiers to offshore drilling rigs, telecom equipment to large-scale computer networks. Over 35% of all capital equipment is financed through some form of leasing. Eight out of ten companies - from mom and pop proprietorships to the Fortune 500 - have turned to leasing to get ahead and stay ahead. How did we get here? How did leasing become the most popular financing alternative in the world? Let's explore its rich history. In 1984, while the leasing industry was reeling from the third major tax change in four years, archaeologists found clay tablets from the ancient Samarian city of Ur. They discovered that these tablets documented farm equipment leases from the year 2010 BC. Fifty years later, the king of Babylonia in his famous Code of Hammurabi enacted the first leasing laws. The ancient civilizations of Egypt, Greece and Rome engaged in leasing transactions of real and personal property, while the Phoenicians actively promoted leasing by chartering ships to local merchants. Leasing first appeared in the United States in the 1700's to finance the use of horse-drawn wagons. By the mid-1800's, railroad tycoons, battling to extend their private railroads across the country, required tremendous amounts of new capital. Most banks, however, considered railroad financing risky and refused to lend to the emerging transportation industry. Locomotives, cars and other railroad equipment had to be financed using new and creative methods - the forerunners of the equipment lease. This new scheme involved third-party investors who would pool their funds, purchase railroad cars from a manufacturer, then lease the cars to the railroad in the form of "equipment trust certificates". The railroad would receive title to the equipment after making periodic payments to cover the purchase price plus interest. This method of
  • 2. financing resembles the modern-day conditional sale. In the early 1900's, companies began to act as lessors for this equipment by leasing it out while maintaining title to it. Often, the lessees would be shippers who wanted control over their shipments without the responsibilities of ownership. This method introduced the operating or true lease concept. Meanwhile, other manufacturers were looking for additional ways to sell their merchandise. They created the installment sale, which allowed consumers and commercial markets to increase their purchasing power by paying for equipment over time. By the mid-1920's, manufacturers were basing too many major investment decisions on credit sales. Their failure to recognize this danger helped bring about the Great Depression in the 1930's. As many businesses suffered, they became wary of "creative" financing and leasing was placed on hold. Leasing returned to popularity during World War II. Manufacturers entered into cost-plus contracts with the government. These contracts allowed the manufacturer to recover actual costs plus a guaranteed profit. In order to minimize costs, many of these companies leased special-purpose machinery from the government. Companies discovered that they could return the equipment to the government at the end of the lease, thus protecting themselves against owning technically obsolete equipment when the war ended. In the 1950's, consumers started to demand a vast array of goods. They wanted speed, convenience and mobility. Manufacturers utilized leasing to help overhaul old operations quickly and create new facilities for the production of new products like televisions, advanced communications equipment and airplanes. This rapid growth provided an ideal backdrop for the creation of a formal equipment leasing industry. The leasing industry has experienced phenomenal growth over the years. In spite of a strong US dollar, volatile exchange rates and unpredictable interest rates, the leasing industry continues to survive and expand. Today, all over the world, you can see banks, insurance companies, captive finance companies, third-party vendors, brokers, and independent leasing companies all competing to serve lessees. What were the major factors that helped make leasing the popular financial alternative that it is today? The volatility of the general economy was one factor. Leasing, once considered to be aggressive financing used only by those unable to get conventional terms, is now regarded as a stable alternative to wildly-fluctuating interest and inflation rates. For example:
  • 3. In December 1980, the prime lending rate reached 21.5% and low-risk instruments like U.S. Treasury bonds stood at 17%. Double-digit inflation became common in the 1970's, causing many assets to be priced out of reach without financing. Annual federal budget deficits climbed continuously, from $25 billion in 1968 to a staggering amount of $230 billion in 1990, causing the national debt to reach a mind-boggling $2.7 trillion. This financial roller coaster caused many traditional funding sources to tighten their credit requirements, opening the door to new methods. At the same time favourable tax laws and other regulations were bolstering leasing. Let's return to the 1950's to see why some of these favourable changes were brought about. In 1953, with the nation in a post-war slump, Congress wanted to promote capital formation and manufacturing. In response, the IRS issued the Internal Revenue Code of 1954. Section 167 of that code gave the owner/lessor of equipment the ability to (1) deduct ordinary expenses associated with a lease and (2) accelerate depreciation by using either the 200% declining balance or the sum-of-the-years digits method. By increasing tax deductions in the early life of the asset and deferring taxable income to the later years, the Code was intended to enhance the benefits of ownership and encourage capital spending. However, many companies like railroads and airlines that needed the use of large and costly equipment couldn't afford to purchase it outright and couldn't take advantage of these new tax benefits. For the first time, a real distinction could be made between the benefits of ownership and the benefits of use. U.S. Leasing Corporation was the first general equipment leasing company formed to take advantage of these tax benefits of ownership while passing the right to use the equipment and the expense of maintenance to another party. In these transactions, title usually passed to lessees upon their exercise of a nominal purchase option. By 1955 the use of leasing had spread, and several more leasing companies entered the market. While they were bringing new products into the leasing arena at a rapid rate, a major tax issue was surfacing. The tax code, which had been issued by the IRS the previous year, had not distinguished clearly between a true lease and a conditional sale agreement. Since leasing companies didn't want to lose any of these newfound tax benefits, they were reluctant to pursue situations, which would be questioned by the IRS. With the intention of defining a true lease for tax purposes, the IRS issued Revenue
  • 4. Ruling 55-540 in 1955. This ruling classified a transaction as a true lease only if none of the following conditions were true: 1. Any portion of the lease payments was applied to an equity position in the asset 2. Ownership automatically passed to the lessee at the end of the term 3. The amount paid under a short-term lease was a significant portion of the purchase price 4. Rental payments were substantially higher than fair market 5. The transaction contained a nominal purchase option 6. Any portion of the lease payment was characterized as interest. If any one of these conditions were true, the transaction was considered a conditional sale, and only the lessee received the tax benefits. During the remainder of the 1950's, the economy remained somewhat flat. A mild recession in 1960-61 once again spurred Congress to action, resulting in dramatic changes in the leasing industry. In another effort to pump up capital expenditures, Congress introduced in 1962 a new tax benefit, which would provide the leasing industry with its biggest boost. The Investment Tax Credit (ITC) provided purchasers of capital equipment with a tax credit they could use to offset their total tax liability to the government. The purchaser could determine the amount of this credit by taking 7% of the original equipment cost. Lessors who could establish true leases were also entitled to the ITC. Therefore, a smart lessor would keep the ITC, reduce the monthly rental payments from the lessee, and still show higher after-tax yields. Another significant event occurred in 1963, when the Comptroller of the Currency issued a ruling permitting banks to get into the leasing business. Before this, national banks were not allowed to own or lease personal property since their business was restricted to lending money. Previous involvement in leasing had been limited mainly to the trustee function involving equipment trust certificates. As soon as banks began to take an active role in equipment leasing, the use of equipment trust certificates began to fade. The escalating war in Vietnam during the late 1960's affected both the social and economic fiber of American life. The Treasury steadily increased its borrowings to finance defense spending and social programs, pushing interest rates on both federal and corporate debt instruments up to the 7% and 8% levels. By 1968 the federal deficit had reached $25 billion.
  • 5. Congress began using ITC to prod the economy in whichever direction seemed appropriate, with the following results: 1962 - ITC introduced 1966 – repealed 1967 - re-enacted 1969 – repealed 1971 - re-enacted 1986 – repealed This flip-flop of tax benefits along with rising interest rates gave the leasing industry its first taste of its love/hate relationship with the government. 1970 ushered in a turbulent decade for the economy. The continued emphasis on defense spending and the push for technological advancement left the government with an increasing budget deficit, declining GNP and growing unemployment. In August of 1971, President Nixon imposed the first peacetime wage and price controls. This resulted in companies jacking up their prices and then discounting them for selected customers in order to stay within the confines of the law. By 1973 the Watergate scandal and the Arab oil embargo had caused the U.S. dollar to be devalued twice. The prime rate steadily increased during this decade, from 6% to 15.75%. Inflation rose to 12%, discouraging savings and reducing capital available for investment. Corporate profits were sharply reduced, and the economy slid deeper into recession. Research and development, investment in new equipment and the planned replacement of aging assets were usually the first budget items to be cut. Congress responded by reinstating ITC in 1971, then increasing the ITC rate from 7% to 10% in 1975. In 1972, Congress introduced Asset Depreciation Ranges (ADR). This law created hundreds of asset categories and prescribed useful lives for depreciating assets. Before this, lessors had to guess the useful life of the asset, and if a lessor chose a shorter life than the IRS thought reasonable, he would lose depreciation benefits and increase his tax liability. But ADR provided the lessor with a method for selecting a useful life that could not be challenged by the IRS. Banks were given a stronger foothold in the leasing industry when Congress amended the Bank Holding Company Act in 1970. This amendment allowed banks to form holding companies and bank subsidiaries. As subsidiaries, bank leasing companies were no longer subject to the stringent reserve requirements of their parent banks, providing them with more financial leverage and a greater profits. Companies like IBM and Xerox began to use leasing more widely to finance the distribution of their products. They maintained equipment title, offered shorter terms,
  • 6. and remarketed the equipment after the lease. These benefits attracted many customers who wanted to avoid the risk of computer and copier technical obsolescence. Vendor leasing quickly spread to other types of equipment, including office machinery and furniture, cash registers, and restaurant equipment. The marketplace also created new types of products. One example is the leveraged lease, a highly sophisticated product that combines three parties -- lessor, lessee and lender. In this type of transaction, the lessor finances the equipment by putting in 20% equity and borrowing 80% from a lender on a non-recourse basis. The lessor then keeps all of the tax benefits as well as deducting the loan interest. The leveraged tax benefits allow the lessor to offer the lessee extremely low rentals while maintaining a high yield. Since the complex structuring of leveraged leases was not foreseen in 1955, many lessors required private tax rulings from the IRS. In 1975, the IRS responded by issuing Revenue Procedure 75-21. This procedure amplified its 1955 ruling and specified in more detail what criteria would be used to govern leasing transactions for tax purposes. Under Revenue Procedure 75-21 five conditions had to be met to assure a favourable ruling: 1. The lessor must maintain a minimal "at risk" investment of 20% during the term of the lease 2. The term of the lease must include all renewal or extension periods, except for optional renewal periods, at prevailing fair market value 3. Lessee may not purchase the asset at less than fair market value 4. The lessee may not furnish any part of the cost of the asset 5. The lessor must expect a profit from the transaction apart from the tax benefits of ownership. While the IRS was dealing with the tax aspects of lessors, the Securities and Exchange Commission (SEC) was concerned with inconsistent lessor balance sheets and income statements. They wanted to standardize the financial statement reporting methods of both lessors and lessees in order to help investors make better-informed investment decisions. In 1976, the Financial Accounting Standards Board (FASB), under pressure by the SEC, issued a comprehensive lease accounting document entitled Financial Accounting Statement No. 13 (FAS 13). This statement classifies a lease as either a capital lease or an operating lease from the lessee's viewpoint. If the lease is determined to be a capital lease, the lessee must account for it as an outright purchase and show the asset on their financial statements.
  • 7. An operating lease, on the other hand, is not reflected on the balance sheet and future rentals are disclosed only in the footnotes. Lessors are subjected to similar tests designed to create accounting symmetry, but these criteria leave some loopholes that can enable both parties to leave the asset off the balance sheet. In the 80’s, the leasing industry witnessed five major tax laws in a very short period of time: Economic Recovery and Tax Act of 1981 (ERTA) Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) Deficit Reduction Act of 1984 (DRA) Tax Reform Act of 1986 (TRA) Competitive Bank Equality Act of 1987 In August of 1981, Congress passed ERTA, an extensive revision of the1954 Internal Revenue Code. Led by a Republican majority in the Senate, Congress believed that the private sector would spend and invest more money and stimulate the economy if its tax burdens could be sharply reduced. Two features of this law had major impacts on leasing (1) ACRS - Accelerated Cost Recovery System and (2) Safe Harbor Leasing. ACRS replaced the complex ADR depreciation system with a simpler and faster cost recovery system. This new system contained only five classes of assets ranging from 3- year to 15-year life spans and specified the percentage of cost to be written off in each year. This enabled an owner/lessor to fully depreciate an asset without having to estimate useful life and salvage value. Safe harbor leasing had a major impact on the entire business community. Tax benefits were made available to lessors other than those complying with "true lease" guidelines. Only three tests had to be met to qualify for the tax benefits of ownership: Lessor is a corporation (excluding subchapter S and personal holding companies) Lessor’s minimum investment in the leased asset is never less than 10% (reduced from 20%) The term of the lease does not exceed 90% of the useful life of the asset or 150% of the present class life of the asset. If all of these requirements were satisfied, the transaction would qualify as a lease for tax purposes regardless of other factors previously disallowed, like bargain purchase options and limited-use property.
  • 8. Another new feature of safe harbor leasing was the tax benefit transfer (TBT) lease. This enabled lessors to structure a lease with direct matching of incoming rentals and debt payments to make a single payment to the lessee for the tax benefits. This aspect of the law led quickly to major sales of tax shelters to "nominal lessors" who were not normally in the leasing business. Several major companies, General Electric, for example, did not pay taxes that year due to their tremendous participation in the TBT marketplace. As soon as it was enacted in 1981, ERTA became a scapegoat for the continually rising federal budget deficit. The volume of leases written jumped from $32.8 billion in 1979 to $57.6 billion in 1982, creating an unforeseen loss of tax revenues. Congress passed TEFRA in August of 1982 to increase tax revenues lost under ERTA. This new act repealed safe harbor leasing and replaced it with the "finance lease", along with a complicated phase-in schedule. It also introduced the "90-day window", allowing leases to be written on new equipment already in service. The finance lease liberalized the "true lease" guidelines of Revenue Procedure 75-21 in one major respect - fixed price purchase options of at least 10% would qualify for lease consideration. It also contained some unfavorable requirements - spreading the ITC benefits over 5 years and limiting the amount of tax liability that could be offset by ITC. Although interest and inflation rates had returned to acceptable ranges by 1984, the budget deficit was growing enormously and became a political hot potato. In June of 1984, Congress passed the Deficit Reduction Act, the third major tax law in four years, to reduce the size of the budget deficit by raising tax revenues. This new act postponed the introduction of finance leases from January 1984 until January 1988, as Congress recognized the impact on the Treasury of the rapidly growing leasing industry. The Deficit Reduction Act of 1984 affected the leasing industry in several other ways: Time value of money was introduced by requiring lessors to adjust uneven rental streams for tax purposes Depreciation benefits on real property were reduced True-tax treatment was disallowed for leases to foreign corporations not subject to U.S. income tax TRAC leases, primarily affecting the vehicle leasing industry, were recognized as true-tax leases
  • 9. In December 1984, President Reagan submitted a proposal to Congress for tax simplification. Some of the aspects of this proposal, especially the elimination of investment tax credit, caused some concern within the leasing industry. That concern finally came to past with the signing of the Tax Reform Act in October of 1986. This tax change was so complicated that it required 2000 pages to document it. Major changes affecting leasing included: Repeal the Investment Tax Credit Lengthening equipment useful lives Introducing an alternative minimum tax Reducing depreciable amounts in the earlier years. In 1987, Congress decided to help the banking community compete more effectively against the independent leasing companies in the operating lease market by passing the Competitive Bank Equality Act of 1987. In this legislation, Congress allowed major financial institutions to put up to 10% of their assets into operating leases. Prior to this new law, banks could not provide this type of lease due to the perceived risks and costs of direct ownership. Nonetheless, few banks took advantage of this opportunity and left the equipment leasing industry altogether. In fact, independent leasing firms began to move into other aspects of structured asset finance to take advantage of the Bank's reluctance to avoid high-risk projects. FASB 91 required leasing companies to reduce the amount of initial direct costs eligible to be booked at lease inception, FASB 94 required leasing companies to consolidate their leasing subsidiaries activities with the parent company, FASB 95 required leasing companies to produce cash flow statements instead of source and use of funds statements and FAS 96 totally overhauled the area of income tax/deferred tax computations and presentation. From 1988 to 1995 the equipment industry went through some extremely difficult times. Industry leading newspapers ran monthly headlines such as, "Survival in the 90's", and "The Lessor Under Chapter 11". Article 2A of the Uniform Commercial Code, which codified leasing transactions, was initially adopted in 17 states. And the Equipment Leasing Association (ELA) was losing members left and right. Finally, in the mid 90’s, Wall Street and the business community discovered the Internet and the IPO market. It was almost impossible not to make money. Companies were expanding quickly and Silicon Valley in California, and the high-tech communities in
  • 10. Texas and Massachusetts, supplied talent to automate every process possible. The word E-lease was invented and volume went through the roof. Under President Clinton the economy grew more than 4-5% per year. Companies such as Sun, HP, IBM, Cisco were household names and started their own captive finance companies. Unfortunately, the party could not last forever. And in 2001, the US recognized its first major recession in decades. Alan Greenspan lowered the federal borrowing rate 9 times to an all-time low of 2.5%. As of this writing, President Bush is still considering altering the alternative minimum tax and lowering corporate tax rates to spur the economy. The ELA would prefer changing the accelerated depreciation rules. As a result of the World Trade Center bombings, it may take years to rebuild the US infrastructure. Whatever happens, I can assure you, the leasing industry will be there and at the front of the line – a privilege that rarely comes along in life. Jeffrey Taylor frequently writes on leasing subjects and has been published in the Molloy Monitor, Asian Leasing Journal, Journal of Equipment Lease Financing, Practical Cash Management, Asset Leasing Digest, Handbook of Equipment Leasing, E-trucker Magazine and Business Asset Magazine. Top of Page fbibusiness.com/history_of_leasing.htm Introduction to Leasing With the average cost of a new car rising each year, it is becoming more important to understand the options available for financing. Leasing has become a much more widespread option available to consumers through a number of different sources including automobile manufactures, local dealerships, financial institutions, and independent leasing companies. Because of the variety of different leasing plans available, the amount of regulation of the leasing industry, and what can sometimes be a high stress situation of negotiating a price for a car, consumers need to be well informed so they can make a decision that best fits their individual situation. Leasing is not for everyone, and it is important for you to consider things like how long you like to keep your car, how many miles you drive your car each year, how much money you want to make available for an initial payment, and how you value ownership or equity of your car.
  • 11. The basic principle of leasing is that you pay only for what you use of the car. The most frequently cited advantages of leasing are that leasing requires a lower initial cash outlay, the monthly payments can be lower than a loan, and you can usually get more car for your money. Common disadvantages are that at the end of the lease you don't own the car, and you may get charged for excess miles driven and excess wear and tear on the vehicle. The basic principles of buying your car, either with cash outright or with a loan, is that you have or are building equity toward ownership. The main advantage is that you own the car after all the payments are made. The main disadvantage is that by the time you actually own the car, it may have cost you more that the car is worth. Our goal is that after having read this guide you will have a better understanding of the considerations you should make when choosing to lease or buy, as well as a basic understanding of the most common terms and conditions of a lease and your rights and responsibilities as a potential lease customer. Some Facts About Leasing Leasing has exploded in recent years, with individual consumers accounting for the bulk of the increase. It has grown more than tenfold in less than a decade and now accounts for more than 27% of the 15 million-plus vehicles sold in the United States. Why the dramatic upsurge in leasing? A decline in the percentage of disposable savings of Americans and changes to the tax laws are the main causes. In 1987, more than 70% of disposable savings was available for the purchase of consumer goods. By 1993 that figure had declined to less than 40%. And this year, the percentage continues its downward slide. Additionally, the many tax deductions that favored purchasing over leasing were eliminated. Since those tax laws were changed, leasing has enjoyed a steady 2% to 3% increase per year for about the last ten years. www.leaserite.com/introduction.html Study Notes: Business Finance & Accounting Introduction to hire purchase and leasing Introduction The acquisition of assets - particularly expensive capital equipment - is a major commitment for many businesses. How that acquisition is funded requires careful planning.
  • 12. Rather than pay for the asset outright using cash, it can often make sense for businesses to look for ways of spreading the cost of acquiring an asset, to coincide with the timing of the revenue generated by the business.The most common sources of medium term finance for investment in capital assets are Hire Purchase and Leasing. Leasing and hire purchase are financial facilities which allow a business to use an asset over a fixed period, in return for regular payments. The business customer chooses the equipment it requires and the finance company buys it on behalf of the business. Many kinds of business asset are suitable for financing using hire purchase or leasing, including: - Plant and machinery - Business cars - Commercial vehicles - Agricultural equipment - Hotel equipment - Medical and dental equipment - Computers, including software packages -Office equipment Hire purchase With a hire purchase agreement, after all the payments have been made, the business customer becomes the owner of the equipment. This ownership transfer either automatically or on payment of an option to purchase fee. For tax purposes, from the beginning of the agreement the business customer is treated as the owner of the equipment and so can claim capital allowances. Capital allowances can be a significant tax incentive for businesses to invest in new plant and machinery or to upgrade information systems. Under a hire purchase agreement, the business customer is normally responsible for maintenance of the equipment. Leasing The fundamental characteristic of a lease is that ownership never passes to the business customer. Instead, the leasing company claims the capital allowances and passes some of the benefit on to the business customer, by way of reduced rental charges. The business customer can generally deduct the full cost of lease rentals from taxable income, as a trading expense.
  • 13. As with hire purchase, the business customer will normally be responsible for maintenance of the equipment. There are a variety of types of leasing arrangement: Finance Leasing The finance lease or 'full payout lease' is closest to the hire purchase alternative. The leasing company recovers the full cost of the equipment, plus charges, over the period of the lease. Although the business customer does not own the equipment, they have most of the 'risks and rewards' associated with ownership. They are responsible for maintaining and insuring the asset and must show the leased asset on their balance sheet as a capital item. When the lease period ends, the leasing company will usually agree to a secondary lease period at significantly reduced payments. Alternatively, if the business wishes to stop using the equipment, it may be sold second-hand to an unrelated third party. The business arranges the sale on behalf of the leasing company and obtains the bulk of the sale proceeds. Operating Leasing If a business needs a piece of equipment for a shorter time, then operating leasing may be the answer. The leasing company will lease the equipment, expecting to sell it secondhand at the end of the lease, or to lease it again to someone else. It will, therefore, not need to recover the full cost of the equipment through the lease rentals. This type of leasing is common for equipment where there is a well-established secondhand market (e.g. cars and construction equipment). The lease period will usually be for two to three years, although it may be much longer, but is always less than the working life of the machine. Assets financed under operating leases are not shown as assets on the balance sheet. Instead, the entire operating lease cost is treated as a cost in the profit and loss account. Contract Hire Contract hire is a form of operating lease and it is often used for vehicles. The leasing company undertakes some responsibility for the management and maintenance of the vehicles. Services can include regular maintenance and repair costs, replacement of tyres and batteries, providing replacement vehicles, roadside assistance and recovery services and payment of the vehicle licences. http://tutor2u.net/business/finance/finance_sources_assets_leasingintro.asp
  • 14. Leasing's Evolution A Guide to Strategic Decision Making By Sudhir P. Amembal January 11th, 2011 Leasing is one of the most vibrant and dynamic industries in the world. It facilitates the financing of equipment and real property. It fosters economic growth, creates employment, and enhances tax revenues. It affects every sphere of our lives as it encompasses automobiles, furniture, airplanes, restaurant equipment, computers, telecom equipment, medical equipment, and more. THE SIGNIFICANCE OF LEASING As vibrant as the leasing industry is, unfortunately, no one in the world accurately tracks the entire global leasing industry with reference to items such as annual volume, portfolio breakdown, types of asset leased, sectors leased to, performance measures and the like. However, unofficial statistics place annual volume in excess of US$ 1 trillion! Leasing, on a global basis, accounts for more than 20% of all capital formation; in other words, approximately 20% of all capital investment in personal property (as contrasted with real property) is made through leasing. This is solid evidence that leasing helps fuel economic development. The industry’s spectacular growth has been made possible not just because of the varied benefits offered by lease financing but because it has been managed and shepherded successfully by creative leaders who have continually introduced new products, expanded beyond their geographical boundaries, and displayed resilience to changing regulatory, legal and tax climates. STRATEGIC DECISION MAKING Individuals at the helm are continually faced with having to make strategic decisions such as choosing to specialize (as versus operating as generalists), choosing to introduce operating leases (as versus staying with finance leases), and choosing to forge foreign joint ventures (as versus staying on shore). Decisions, such as these and many others, are made based on many factors including how developed the industry is in the relevant country, how competitive it is, how saturated the market is and how sophisticated the customers are. One of the factors mentioned above that impacts many a strategic decision is how developed the industry is in the country where the lessor is domiciled or where the global lessor plans to expand. This article is intended to offer insight into how leasing develops throughout the world and, through such insight, it is hoped that some aspects of decision making will be facilitated. For those who are not faced with having to make strategic decisions, this article will provide insight into how leasing evolves in each and every country in the world. Having had the privilege of visiting over 70 leasing
  • 15. economies over the past two decades, the author began to observe a commonality in the world of leasing having to do with leasing’s evolution and development. THE EVOLUTION OF LEASING Leasing’s evolution in some ways is no different than that of any other industry in the world in that leasing progresses from being newly born to becoming fully developed. The diagram that follows details the four obvious stages. Leasing is, of course, nonexistent in some of the extremely under-developed and/or politically ravaged economies such as Iraq and Myanmar. It has recently come into existence (nascent) in countries such as Rwanda. In most countries in the world it is evolving (emerging). These include countries in the Asian Pacific region, Latin America, Central and Eastern Europe and Africa. Maturity suggests a condition of full development. Leasing has matured in countries such as Australia, the U.K. and the United States. How the industry moves from being newly born to maturity and what causes such movement is best understood by reviewing the six phases of the leasing cycle. Diagram 2 details the six phases. THE SIX PHASES OF THE LEASING CYCLE Rentals (Phase One) have preceded the leasing product by centuries and, even today, this industry is extremely competitive and vibrant in every country in the world. Rentals are characterized by their short-term (less than 12 months), full-service nature. Full-service means that the typical responsibilities of ownership – such as maintenance, repairs and insurance – are provided by the one who rents out the equipment and not the user. At the end of the rental contract period, the user returns the equipment to the owner. Modern day leasing began in the mid 1950’s — both in the United Kingdom and the United States – in the form of the ―Simple‖ Finance Lease (Phase Two). The words ―Simple‖ and ―Creative‖ are words used by the author to distinguish between the two types of finance leases in the context of the evolution of leasing. In the marketplace, both these types of leases are finance leases. In every single country in the world, the ―Simple‖ finance lease is the first lease product that is introduced at the industry’s birth. The product is invariably characterized by the lessee’s intent to eventually own the equipment. The lease is merely a financing instrument. At the end of the lease term, the lessee, having fully paid the lessor through the lease rentals, purchases the equipment for a nominal amount of consideration. As leasing is a new product, the psychology of ownership is still very much inherent in the user’s thought process. The lessor,
  • 16. too, intends to merely finance the equipment through a lease and is not desirous of having the asset returned at the end of the term. Credit risk, not asset risk, is acceptable to the lessor, as the latter requires developed secondary markets, which do not necessarily exist during this phase. The lease product is almost invariably offered on a net basis (opposite of full- service) in which the lessor’s services are limited to financing the equipment. During this phase the market is usually rate driven and not value added driven. Needless to say, spreads are generous, though decreasing of late. From a strategic point of view, for those seeking to cross borders, this is generally a good time to expand into emerging markets — well before competition becomes too intense! For those who are on the ground in the country in question, this is a good time to consider becoming value added and thereby not necessarily becoming victims to margin compression. Both with the passage of time and the entry of other players in the market, the leasing industry enters Phase Three — the ―Creative‖ Finance Lease Phase. During this phase, lessors begin to structure many of their finance leases and also provide the lessee with varied end of term options such as the option to renew or purchase at a fixed price. It is during this phase, in most countries, that leasing experiences the largest growth, in terms of both absolute volume and market penetration. Also, many dealers/manufacturers that hereto have relied on independent leasing companies begin to form their own leasing companies. Tax authorities and regulators, realizing the significance of leasing, take a closer look at the industry and arrive at rules, regulations, and guidelines, meant to stimulate further growth. This phase, too, is generally rate-focused though some lessors, based on severe competition, begin to address the value-added aspects of leasing. These aspects may include shortening the response time from the date of lease application to the date of lease funding or bundling of services, such as maintenance, into the finance lease. As the market experiences substantial growth, rate-focused leasing at times leads to volume competition. Lessors begin to narrow their spreads in a buyer’s market. Continued narrowing of spreads causes many lessors to exit the industry. The industry learns from experience that it cannot remain rate driven. From a strategic point of view, this is also a good time to enter emerging markets. Though margins will have shrunk, leasing infrastructure will be more solid — items having to do with clarity on legal and tax issues. For the strictly domestic players this is the time to decide whether to focus on niche markets — be it by region, by asset type, by sector, by credit quality, or by transaction size. Phase Four, the Operating Lease Phase, comes about with the passage of time, intense competition, transfer of technology from one leasing country to another, demand by multinational lessees, and developing or developed secondary markets. In some countries, the product is fueled by the fact that finance leases are denied ―true lease‖ or ―tax lease‖ status. The introduction of international accounting standards further fuels the demand for operating leases as finance leases no longer qualify for off balance sheet financing. Of course, forthcoming changes in international accounting standards are likely to jeopardise off balance sheet financing in totality. However, this does not mean that operating leases, as a product, will disappear; they
  • 17. will continue to offer major benefits having to do with items such as their full service features, a hedge against the deterioration of asset market values, and any possible tax benefits that finance leases may not offer. The key features of this product are the ability of the lessee to return the equipment at the end of the lease term, and the full-service nature of many operating leases. Bundling of services and one-stop-shopping become a convenience to the lessee. With these features, (using computers as an example) hardware, software, installation, maintenance, and training are packaged into one transaction. All mature lease economies offer the operating lease product; emerging markets have begun to introduce it only recently. From a strategic point of view, this is a good time to expand overseas by offering skill base and experience through joint ventures with those lessors who seek to offer new products. For those on the ground, this is the time to decide whether to stay with finance leases only (nothing wrong with this as the overwhelming majority of lessors globally successfully stay in this phase) on a value added basis or to consider new products. On-going intense competition, continued lessor creativity, and ever-increasing transfer of technology propels the industry to Phase Five, the New Products Phase. In this phase, the operating lease becomes extremely sophisticated, with complex end-of-term options (such as puts, calls, and first amendment clauses), early termination options, upgrades and rollovers, technology refreshes, and the like. Phase Five also brings about new products such as securitization, income funds, venture leases, and synthetic leases (off-balance sheet loans). From a strategic point of view, now is the time to consider domestic joint ventures and or mergers and acquisitions as the next phase - maturity, will bring about flatness in market penetration. Finally, the industry, following the classic industry curve from infancy to maturity, enters the last phase, Phase Six, Maturity. Maturity is characterized by substantial consolidation within the industry. Such consolidation takes the form of mergers, acquisitions, joint ventures and alliances. Maturity also brings forth lower margins, causing lessors to look for profits through operational efficiencies as versus increased sales volume. Penetration flattens during this phase, as leasing volume increases only with the overall growth of the economy Though the six phases apply universally, it is important to note two points. First, the sequence applies to the industry in general within each country, and not to all of the players. It is very common for lessors not to grow sequentially. As an example, some that offer new products such as venture leases may not be in the operating lease business. Second, each phase is not mutually exclusive. Using the United States as an example, though the industry has reached maturity, many lessors continue to offer only finance leases, some only specialize in operating leases, whereas others diversify into products such as synthetic leases.
  • 18. As emerging markets evolve toward maturity, it is critical to note that the leasing cycle (from the ―simple‖ finance lease to maturity) has become shorter and shorter. This is obviously due to information sharing and technology transfer among markets. CONCLUSION Many factors impact the timing of strategic decisions — one of them has to do with the evolution of leasing. It is hoped that this article will provide sufficient insight into the relationship between certain strategic decisions and leasing’s evolution. Sudhir P. Amembal Sudhir P. Amembal is Chairman & CEO of Amembal & Associates, the world’s most highly respected lease training, consulting and publishing firm. Entities under Mr. Amembal’s stewardship have trained over 60,000 leasing professionals throughout the world. As an educator, Mr. Amembal has conducted leasing seminars in over 70 countries. As a government advisor, he has spearheaded consultancy projects for over 20 national governments. As an author, he has authored, coauthored and published 16 leasing industry publications. Mr. Amembal is co-founder and publisher of World Leasing News (www.worldleasingnews.com) and Global Leasing Resource (www.globalleasingresource.com) Mr. Amembal has chaired the annual World Leasing Convention since 1993. He can be contacted at: sudhir@amembalandassociates.com http://www.globalleasingresource.com/articles/leasings_evolution