Data processing: financial – business practice – management – or co – Automated electrical financial or business practice or... – Accounting
Reexamination Certificate
2000-06-08
2004-05-11
Olszewski, Robert P. (Department: 3627)
Data processing: financial, business practice, management, or co
Automated electrical financial or business practice or...
Accounting
C705S004000, C705S031000, C705S040000
Reexamination Certificate
active
06735573
ABSTRACT:
FIELD OF THE INVENTION
This invention relates to the field of risk analysis and, in particular, to derecognition of the commitment of a lessee in an operating lease.
BACKGROUND OF THE INVENTION
In order to establish uniformity in financial statement presentation the American Institute of Certified Public Accountants (AICPA) has published many writings. These writings are collectively referred to as Generally Accepted Accounting Principals (GAAP). GAAP establishes how, where, when and how much is reported on a financial statement. GAAP is required to be used by most businesses but not all. There are some exceptions.
According to GAAP, liabilities must be recorded at their face value. Current liabilities are defined as those that should be paid in one year's time or less from the Balance Sheet date. Long term obligations are defined as those that are due to be paid after one year from the balance sheet date. For example, an account payable due in thirty (30) days for $100 would be recorded as a current liability of $100. In the case of a note payable due in ten (10) years the debt would be recorded as a long term debt.
Whether a debt is an account payable or a note, it is thus recorded at its face value. No consideration is made of the present value of a future obligation when recording the debt. In fact GAAP forbids the recordation of a liability for any amount other than its face amount. However it is well known that long term liabilities have a present value less than the face value at which they are recorded. Thus, the recorded value is greater than the actual present value but most companies must carry the greater value on their books in order to comply with GAAP.
Therefore, in order to avoid this inequity in GAAP some companies might find it desirable to sell one or more of its long term obligations for a sum that approximates the present value of this debt. In order to accomplish this objective the debtor must derecognize this liability. According to GAAP in order for a liability to be extinguished one of the following conditions must be met:
The debtor pays the creditor and is relieved of its obligation for the liability. Or, the debtor is legally released from being the primary obliger under the liability, either judicially or by the creditor.
Liabilities are defined by GAAP as “probable future sacrifices of economic benefits arising from present obligations of a particular entity to transfer assets or provide services to other entities in the future as a result of past transactions or events.” Items that would otherwise be classified as a liability would not be recognized as a liability if insured under a contract of insurance with a recognized insurance carrier. An example would be a company that is self insured for worker's compensation. The company's future loss obligations would be reflected as a liability on its financial statement according to GAAP. If the company were to then purchase a workers' compensation insurance contract, the liability would be derecognized in exchange for the premium paid to the insurance carrier.
The purchaser of the debt would therefore have to be an insurance carrier. The purchaser of the debt must be able to make a profit otherwise there is no business purpose for them to enter into the transaction. The insurance company would therefore charge a premium in excess of the present value of the obligation. The total sum paid by the seller would still be less than the face amount. Both buyer and seller profit.
Additionally, long term operating lease commitments must be recorded at their face value. Furthermore, they must be disclosed in the footnotes of the financial statement of the company according to GAAP. Thus, no consideration is made of the present value of a future long term operating lease commitment. In fact GAAP forbids the recordation of a long term operating lease commitment for any amount other than its face amount. However it is well known that long term operating lease commitments have a present value less than the face value of which they are recorded. Thus, the recorded value is greater value is greater than the actual value but most companies must carry the greater value on their financial statements in order to comply with GAAP.
Therefore, in order to avoid this inequity in GAAP some companies might find it desirable to sell one or more of its long term operating lease commitments for a sum that approximates the present value of this commitment. In order to accomplish this objective the lessee must derecognize this commitment. According to GAAP in order for a commitment to be extinguished one of the following conditions must be met:
The lessee must pay the lessor and be relieved of its obligation for the commitment. Alternatively, the lessee must be legally released from being the primary obliger under the lease, either judicially or by the lessor.
Items that would otherwise be classified as a long term operating lease would not be recognized as a long term operating lease if insured under a contract of insurance with a recognized insurance carrier.
The purchaser of the long term operating lease would therefore have to be an insurance carrier. The purchaser of the long term operating lease must be able to make a profit other there is no business purpose for them to enter into the transaction. The insurance company would therefore charge a premium in excess of the present value of the total due on the long term operating lease. The total sum paid by the seller would still be less than the face amount. Both buyer and seller profit.
SUMMARY OF THE INVENTION
A method for derecognizing the commitment of a lessee in an operating lease having a lease liability including the steps of holding by a lessee an operating lease wherein the operating lease has a future value S
1
and determining the present value P
1
buying the operating lease by a buyer entity for a value P
2
greater than the present value P
1
, thereby providing a first net gain and holding the lease liability by the buyer (entity for a period of time and discharging a lease liability of the operating lease at the end of the period of time for a value S
1
that is less than a future value S
2
thereby determining a second net gain. The present value P
2
is determined according to the present value P
1
and according to a time t years prior to the time at which the value of the lease liability reaches S
1
. The present value P
2
is determined according to the value S
2
and the future value S
1
is known at the time of the determining of the present value P
1
. The first net gain is a net gain for the seller and the second net gain is a net gain for the buyer entity. The buyer entity can be an insurance company.
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Beresford, Dennis R; Statement of Financial Accounting Standards No. 125—accounting for transfers and servicing of financial assets and extinguishments of liabilities; Journal of Accountancy; vol. 128 N 4; PP.: 118-123; Oct. 1966.*
Barron's Financial Guides, Dictionary of Finance and Investment Terms, Barron's Educational Series, Inc., Fifth Edition, 1998, pp. 324 & 414.*
Fu
Broussard James Joseph
Gelman Bernard
Caesar Rivise Bernstein Cohen & Pokotilow Ltd.
Dynamic Risk Assumption, Inc.
Gort Elaine
Olszewski Robert P.
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