Railroads - Answers First to spread leasing through the US
Equipment Lease - Answers use and possession, but not title to tangible property is transferred for
consideration
2010 B.C. - Answers Oldest record, in the Sumerian City of Ur. Used clay tablets for documenting leases
for agricultural tools, land and water rights, and oxen and other animals
The Code of Hammurabi - Answers 1750 B.C. King Hammurabi acknowledged leasing of personal
property in his code of laws. First Record of Leasing Law.
Ship Charters - Answers Early example of a True Lease. Phoenicians were shipping and trading experts to
obtain a ship and crew. Charters covered the economic life of the ship and required the lessee to
assume the benefits and obligations of ownership.
Statute of Whales - Answers - 1284 A.D. English Common Law.
- Used in England to deal directly with leasing of personal property.
- Further clarified in 1571 to define who actually owned the leased property
Industrial Revolution - The Railroad Industry - Answers - In the UK and US, RR companies could afford
the track
- Financed the locomotives and railcars from private investors
- Done through equipment trusts
- Most well known: The Philadelphia Plan. Helped spur leasing growth in the US
Independent Leasing Companies (early 1900's) - Answers - Formed to provide vendor financing for
Manufacturers
- Benefit of leasing to move product and gave rise to early captives
Start of WWII - Answers The government used cost-plus contracts making leasing attractive again post-
depression
Cost-Plus Contract - Answers Agreement typically used in the construction industry by a client to
reimburse a company for building expenses stated in a contract, plus a dollar amount of profit over and
above expenses, usually stated as a percentage of the contract's full price.
Shift to Modern Leasing (1950's) - Answers - Economic slump post WWII
- Government tried stimulating the economy (Section 167 of the IRC)
, Section 167 of the Internal Revenue Code (1953) - Answers - 1953
- Gave owner/lessor ability to take ordinary payments into income associated with a lease and
accelerate depreciation
- Designed to encourage capital spending. -Deferring the taxes to later periods by taking larger
deductions up front.
What led to modern day leasing? - Answers - Governmental efforts to stimulate the economy
- The Introduction of Accelerated Depreciation
IRS Revenue Ruling 55-540: 1955 - Answers - Defines what is NOT a true lease for tax purposes
- 6 criteria - if any aren't met, the IRS determines the lease to be a CSC and tax benefits go to the lessee
IRS Revenue Ruling 55-540 Purpose - Answers - The IRS Revenue Ruling 55-540 defines a true lease for
TAX purposes.
-All criteria must be met to be a true lease
IRS Revenue RULING 55-540 (PAINEE) - Answers - P (Payments > Rental)
- A (Automatic Title)
- I (Interest)
- N (Nominal PO)
- E (Equity)
- E (Excessive Payments)
PAINEE - P - Answers Payments > Rental
Rental payments are NOT substantially higher than a fair rental value
PAINEE - A - Answers Automatic Title
- Ownership of the asset does NOT automatically pass to the lessee at the end of the term
PAINEE - I - Answers Interest
- No portion of the lease payment is characterized as interest
PAINEE - N - Answers Nominal PO
- The transaction does NOT include a nominal purchase option
PAINEE - E 1 - Answers Equity