As a firm looking
to acquire equipment, you have several choices as to the type of
financial instrument best fits your needs. In the ‘90’s equipment
leases seem to be the best fit for most companies as they had the
advantage of expensing the monthly payments and returning the
asset at the end of the lease term and get the newest and best.
Additionally, if the lease were structured properly, it might
qualify as an “off balance sheet” transaction. But, technology
began to change on an almost daily basis and lenders began to
impute lower and lower residual values. That coupled with new tax
laws including IRS Code Section 179, the ability of a business to
expense the entire amount in the year the asset was put into
service moved the pendulum more towards the Equipment Finance
Agreement (loan). Below is an explanation of each.
LEASE: A lease is
an agreement where the asset is sold to the Lessor and shipped to
the Lessee or the Lessee’s designated location. Title to the
asset remains with the Lessor throughout the term of the
agreement. At the end of the agreed upon term the asset is
purchased at a predetermined price, negotiated price, or returned
to the Lessor depending on the Lease terms. During the term of
the agreement the Lessee is responsible to not only make the
agreed upon payments, but also insurance, property taxes, and
other requirements of the agreement. Most leases fall into the
following end of lease categories: $1.00, 10% of the original
cost, Fair Market Value (an amount that a willing buyer and a
willing seller can agree upon), or return to the Lessor
FINANCE
AGREEMENT: One of the key differences between a Lease and a
Finance Agreement centers on the ownership of the asset at the
time the agreement is consummated. In a finance agreement, the
vendor sells and ships the asset to the endebted party and title
passes at that time. The asset is held as collateral for the
Agreement until the final payment.