1.
Guaranty Project Jeopardizes Synthetic Leases
The Financial Accounting Standards Board
(FASB) recently proposed to “improve disclosures” of various types
of guarantees. However, in doing so, the FASB has threatened the
viability of the popular synthetic lease product. The FASB publicized its “Interpretation” of the current
Financial Accounting Statements (FAS) in its
Guarantees
Press Release
on May 22, 2002.
This
action comes on top of the proposed “Interpretation” of FAS 94
affecting synthetic leases used by special purpose entities (SPEs).
These Interpretations will make synthetic leases more
expensive for lessees and subject to expanded disclosures from
current rules. See my
discussion of the SPE issues in the
March BLN
and the
May BLN
on SPE changes.
The
FASB’s stated purpose of this new Interpretation is to
improve disclosures of loan guarantees.
To decide for yourself, click on
Exposure Draft (in Acrobat) to review the proposed
Interpretation, entitled
Guarantor’s Accounting and Disclosure Requirements for Guarantees,
Including Indirect Guarantees of Indebtedness of Others.
However, the Interpretation has a far more reaching effect.
It extends to contingent payment agreements, performance
guarantees, indemnification agreements and other indirect
guarantees. It
does
not apply to residual guarantees by a lessee imbedded in a capital
lease booked under FAS 13 (which in is “on-balance sheet”), product
warranties, lessee’s secondary liability in a restructured lease and
other guarantees. For
more discussion on the broader scope and impact of the
Interpretation, see
Jeff
Taylor on Guarantee Rules
. Jeffrey Taylor is a well-known leasing trainer,
and the founder of the
Executive
Caliber web site.
His accounting background helps you understand this stuff.
Tip:
If you want to contribute your views to
the FASB, you must act fast because the comment period ends June 21,
2002.
Here
are the essential aspects of the proposed Interpretation that
affects FAS 5, 57 and 107:
*Purpose:
To clarify the requirements for the guarantor’s accounting
for and disclosures about certain guarantees including the residual
guarantee inherent in synthetic leases.
*Amount
of Guarantee Recognized/Booked:
At the inception of the guarantee, the lessee must recognize
a liability for the “fair value”
(that is, the market value) of all of the obligations that it
has undertaken in a synthetic lease.
This amount could equal as much as 89.9 percent of the
original asset cost because of the implicit residual guarantee of
the lessee.
*Market Effect:
It
remains to be seen how you calculate the liability for the lessee’s
residual guarantee inherent in a synthetic lease.
However, the liability may be very high as a proportion of
original asset cost.
Consequently, lessees may be unwilling or unable to use synthetic
leases to accomplish the old twin objectives of keeping the lease
obligation “off-balance sheet” while retaining the tax benefits for
the equipment.
*Required
Disclosures: To satisfy the requirements, a guarantor must
disclose the:
(a) nature of the guarantee, including
how the guarantee arose and the events or circumstances that would
require the guarantor to perform under the guarantee;
(b) maximum potential amount of future
payments under the guarantee;
(c)
carrying amount of the liability, if any, for the guarantor’s
obligations under the guarantee; and
(d) nature and extent of any recourse
provisions or available collateral that would enable the guarantor
to recover the amount it pays under its guarantee.
Under current rules entities generally
disclose only the nature and amount of guarantees.
*Effective
Date: If, as
expected, the Interpretation becomes effective, be aware of these
timelines:
*The initial recognition and measurement
provisions of the proposed Interpretation apply in the first fiscal
year beginning after September 15, 2002; and
*The disclosure requirements in
the proposed Interpretation would be effective for financial
statements of interim or annual periods ending after October 15,
2002.
[Top]
2.
Improving Economy Reveals New Deal Opportunities
The
news on the economy is mostly good these days.
But are you wondering where you find good new deals? Economic reports and some impending changes in environmental
laws plant the seeds of opportunity for lessors and lenders.
The
Commerce Department reported that orders for durable items (goods
expected to last for three years or more) jumped 1.1 percent in
April. Some economists
feel encouraged that this improvement marked the beginning of
capital spending. The
lack of capital spending pushed the economy into the 2001
slow-down/recession.
A
Labor Department report showed productivity rose 8.4
percent in April.
Rising productivity means that corporate workers produce more value
with fewer people.
According to one economist, the improvement satisfies a necessary
precondition for an increase in employment while creating little
risk of inflation.
With
this good news, many of you may puzzle over where the improvement
exists in your markets.
I know only too well that to make predictions in our economy, or to
play economist, would add me to the list of dartboard pros.
But consider these ideas for good equipment financing
transactions supported by current economic reports:
*Manufacturing
Equipment.
Orders for machinery rose 4.5 percent in
the month of April, following a 1.5 percent drop in March. This
change is the biggest increase since March 2000.
See:
Economy on Path for Sound Recovery, Data Show, May
31, 2002 (Reuters). In May, business
activity rose again according to the
Institute for Supply Management.
*Computers and
Electronics. Orders for computers and electronic products rose 3
percent. Non-defense
capital goods orders, excluding aircraft, rose by 4% in April after
a 3.4% decline in March. See:
U.S. Productivity Rose 8.4% in 1st Quarter; Factory
Orders Jumped in April, May 31, 2002 (Dow Jones Newswire).
*Big Rig (Class 8) Trucks and Other
Diesel Equipment.
Transportation orders fell by 2.8% in April.
That change reflects a huge drop in orders for aircraft,
which plunged 37.1 percent.
Durable Goods Orders on the Rise,
May 23, 2002 (Associated Press).
However, orders in the
long-haul trucking industry increased 70 percent.
Trucking companies have placed these orders to beat the
October 1, 2002 effective date of tougher environmental rules
promulgated by the Environmental Protection Agency (EPA).
The EPA rules require a significant reduction in “oxides of
nitrogen” or NOx and other emissions.
By ordering new trucks before October 1, 2002, trucking
companies avoid purchases of the new less-polluting engines required
after October 1, 2002. Both Celadon Group, Inc. and US Xpress
Enterprises Inc. have ordered trucks to beat the deadline.
Manufacturers involved in the new rules
and sales include
Detroit Diesel Corporation
a unit of DaimlerChrysler AG,
International Truck and Engine
Corporation (Navistar) Chicago,
Caterpillar Inc.,
American Isuzu Motors Inc.,
Cummins, Inc.,
Volvo
Truck Corporation,
Mack Trucks, Inc.
and
Renault Trucks.
See: Truck Firms Go on
Buying Binge To Circumvent a New EPA Rule,
Wall Street Journal (SW Ed.), 2002 May 28; Section A:1 (Col. 5-6). As a lessor or lender,
you too can take advantage of the buying binge to offer new leasing
and financing to credits that you still can approve these days.
For a worldwide virtual library of trucking companies, see:
Trucking
Company Library.
Tip:
Check your residual
assumptions on these big rigs and other diesel engines.
Reevaluate your disposition strategies to manage potential
changes in residual value realizations.
Watch for technology changes in new diesel engines after
October 1, 2002. As an
owner/lessor, you may want to set lower residuals on new deals until
you have market data on sales involving the new diesel technology.
Note that this change in law is the first of two major
changes coming down the road for diesel engines in trucks, buses and
other transportation equipment.
Current diesels will be “grandfathered” (that is, protected
from the change in law), which explains the significant increase in
purchases of current equipment.
On January 1, 2004, all manufacturers (not subject to the
October 1, 2002 requirement) must comply.
On January 1, 2007, the EPA plans to implement another
requirement to reduce NOx and other emissions by approximately 90
percent more than the October 1, 2002 levels (subject to a
technology feasibility review).
Diesel buyers are expected to acquire pre-2007 year equipment
to avoid the 2007 standards--another opportunity for financing and
leasing. For more
technical information on these new EPA rules, see
New Emission
Standards
(a very useful site on diesel technology
and other related information).
*Communications
Equipment. Orders for communications equipment rose 12 percent
following an 11 percent decline in March. See:
Durable Goods Orders on the Rise,
May 23, 2002 (Associated Press).
Tip:
If you want to explore economic data
from 12 business districts around the country, including your
markets, look at the Federal Reserves
Beige Book (last updated April 24, 2002). Collected by
the Federal Reserve, the book summarizes comments received from
business and other contacts outside the Federal Reserve and is not a
commentary on the views of Federal Reserve officials.
[Top]
3. Leasing
Boeing Jets to the Federal Government Hits Strong Head Wind
The Boeing Company hit some turbulence recently as it tried to
arrange a $26 billion lease of modified jetliners to serve as fuel
tankers for the Air Force. The Office of Management and Budget (OMB) and Senator John
McCain, an Arizona Republican,
questioned the cost-effectiveness of
replacing an aging fleet of fuel tankers with Boeing jets.
Budget office director Dan Crippen put
the total cost to lease 100 of the 767-200ER aircraft at about $37
billion in current dollars from next year though 2020, compared with
about $25 billion for a purchase.
Senator John McCain, who released the analysis, said that it
showed the lease was "a bad deal for taxpayers, a bad deal for the
military and a bad deal for pretty much everyone but Boeing." See:
"Auditors Cite High Cost of Boeing Lease
Deal" Wed May 8, 2002 (Reuters).
While the policy issues concerned overall cost and capacity of the
fleet, Senator McCain touched a real nerve of Federal leasing.
He reportedly plans to
propose legislation that would require all leases lasting longer
than a year to be paid for with funds from the military service’s
procurement budget. The
Air Force, by contrast, apparently planned to pay for the tanker
lease from its operations and maintenance budget.
The so-called “O&M budget” generally provides funding
annually and does not involve the same rigorous approval process as
the procurement budget.
If McCain prevails, Federal leasing for the military and other
Federal agencies could become much more difficult.
See: OMB Questions Leasing Boeing Jets For Use as Tankers,
The Wall Street Journal
(SW Ed.), 2002 May 8; Section A:8 (Col. 4).
Funding for leases to the Federal government involves arcane rules
unlike any rules for commercial transactions, as illustrated in part
by Senator McCain’s legislative idea.
Obviously, the Air Force deal represents a significant
economic boost for Boeing.
The lease versus buy analysis, together with a heavy dose of
politics, will undoubtedly remain at the center of the controversy
for Boeing.
Tip:
If you are involved in leases to the Federal government, you
may want to look at Chapter 19 of my book,
Business Leasing for Dummies (BLFD)®,
entitled, “Doing Business with
Federal, State, and Local Government Entities.”
In that chapter, I mention that ”(l)easing to the federal
government involves more regulations and twists and turns than you
can imagine.” If you
lease equipment to the Federal government, retain knowledgeable
advisors to avoid making assumptions and errors that can spoil your
fun in these unique deals. My partner,
Tim
Mills, a very active and capable participant in Federal leasing,
helped me edit Chapter 19.
We have worked through many transactions and problem
situations together.
Feel free to call Tim at (202) 457-6000 or me to ask questions
before you venture into the world of Federal leasing.
[Top]
4.
Companies Face Loss of Extraterritorial Income Exclusion (ETI)
A brutal and
expensive trade controversy has taken aim on the Extraterritorial
Income Exclusion (commonly known in the leasing industry as the “ETI”).
Ruled by the World Trade Organization (WTO) as an illegal U.S. tax
subsidy, the WTO plans to assess damages incurred in the Economic
Union (E.U.) on June 17, 2002. See:
Exporters Fear Loss of Subsidy,
The Wall Street Journal
(SW Ed.), 2002 May 1; Section A:2 (Col. 2-4).
Although the U.S.
has generally resisted the complaints, this time Representative Amo
Houghton (Republican, New York) introduced
H.R. 4151
on April 10, 2002. The
stated purpose of this bill is
“to amend the Internal Revenue Code of
1986 to simplify certain rules relating to the taxation of United
States businesses operating abroad, and for other purposes.”
In short, Representative Houghton aims to repeal the ETI.
Most nations only
tax the income of corporations earned within their borders.
However, Uncle Sam taxes American corporations on their worldwide
income. By contrast, if a foreign corporation sells its
products through a branch in the U.S., its country does not tax the
income generated by the corporation in the U.S. Consequently,
U.S. taxpayers shoulder a heavier tax burden that may put them at a
competitive disadvantage. To even the playing field, Congress
has enacted tax breaks to the general rule of taxing worldwide
income. The ETI structure, which replaced the Foreign Sales
Corporation (FSC) laws, provides some tax relief.
With the ETI, you can exclude a portion of
your income earned outside of the U.S. from your gross income.
If you lower your gross income, Uncle Sam has less income on which
to impose income taxes. For leasing, as a lessor you can exclude 30 percent of your
foreign sale and leasing income earned outside of the U.S.
The real issues at
stake involve the simplification and competitiveness of the U.S.
international corporate income taxation system. The ETI may
become a focal point of that debate. The goal should be to
enable U.S. businesses to compete on a level playing field with
businesses organized in other countries. In other words, our
tax system should be reformed to do directly what the ETI does
indirectly--reduce taxation on worldwide income of U.S. companies.
To intensify concern over the ETI, various
countries apart from the WTO have refused to wait for U.S. tax
reform, and may take unilateral action to solve the trade and tax
disputes. See: U.S.
Warns Against Steel Retaliation Without WTO Panel, May 1, 2002
(Dow Jones Business News). In any event, the WTO action will
occur soon and may foretell the future of the ETI.
Tip:
For assistance in dealing with any legislative or public policy
challenges involving foreign trade and tax issues such as the ETI,
you may want to enlist the help of the
Public Policy group at Patton Boggs LLP.
Influence Magazine rated this group as the top lobbying
practice in Washington, D.C. in 2001. Feel free to contact me,
and I will identify the right team to help you.
[Top]
5. Events
and Speeches - New Appearances Cover Business Aviation and Energy
*Mayer Speech:
"Personal Property Leasing in the Oil Patch". I will be
delivering this speech sponsored by the Dallas Bar Association,
Energy Law Section. Please join us at noon on Wednesday, June
19, 2002 at the Dallas Bar Association (DBA), located at Belo
Mansion on Ross Street in Dallas, Texas. I will cover
fundamental benefits of leasing equipment used at drilling and other
energy production sites. In addition, I will discuss how to
resolve conflicts that arise in leasing or lending transactions in
which energy assets sit on or are attached to real property subject
to long-term mineral or other rights in favor of another person.
For more information, click on
Leasing in the Oil Patch.
My thanks for this
opportunity goes to my partner,
Martin Gibson, who serves as the Chairperson of the Energy Law
Section of the DBA. He concentrates his practice in energy law
with a particular focus on exploration, production, transportation,
development and financing issues.
*Mayer and Slater Speeches on
Business Aircraft Worldwide. My partner,
Rodney Slater, former Secretary of Transportation, and I will be
speaking at the 7th Annual Business Aircraft Conference entitled
“Evaluating Corporate Aircraft
Transactions & Fractional Ownership Interests.” Sponsored
by the Strategic Research Institute (SRI), this conference will be
held on Thursday, July 11 and Friday, July 12 in New York City.
I will be moderating an international panel and Rodney will be
delivering the first day’s luncheon Key Note Speech. Please
join us. For information/registration, contact SRI at
www.srinstitute.com/cx352
or call (888) 666-8514 or (646) 336-7030.
[Top]
6.
Corporate America Resists SEC's Plan for Faster Reporting
No one would
describe the Securities and Exchange Commission (SEC) as a
wallflower. Recently, however, the activist SEC has initiated
many high-profile actions on the regulatory and enforcement scene.
You have seen the SEC pursue the
likes of Halliburton (for
using flawed overrun cost accounting),
Dynegy Inc. (for pumping up revenues on energy trades)
and Microsoft Corp. (for
understating revenues by padding reserves). In fact, the SEC
is taking on Wall Street itself. See: S.E.C.
Taking Closer Look at Wall
St., by Richard A. Oppel Jr., New York Times, May 31, 2002
(available online to subscribers at
S.E.C. Takes on Wall St.)
At the same time,
the SEC intends to make a permanent change in corporate accounting
and reporting. It has proposed and taken public comment on new
rules that mandate that reporting companies file their financial
reports faster and with more detail than presently required.
The new speedier
reporting applies to:
*Companies
with a public float of at least $75 million determined within 30 to
60 days before the end of the companies’ last fiscal year;
*Companies
that have been subject to Securities Exchange Act of 1934 reporting
rules for at least 12 calendar months; and
*Companies that
have filed at least one annual report.
The SEC’s plan
requires reporting entities to file quarterly reports on Form 10-Q
in 30 days instead of 45 days after the end of the applicable
quarter. It also requires that each company file its annual
report on Form 10-K in 60 days instead of 90 days after the
company’s fiscal year ends. In addition, the SEC wants
companies to disclose in their annual reports where investors can
obtain free copies of all reports on Forms 10-K, 10-Q and 8-K
(current event reports) on their web site as soon as reasonably
practicable. To read the SEC’s proposed rules, click on:
SEC’S
Accelerated Filing Plan.
The rub here is
that reporting companies already struggle to meet reporting
deadlines. The existing challenge arises in part due to
unrelenting demands on lean financial staffs. These staffs
meet a variety of demands in operating their companies ranging from
financial analysis and funding to regulatory compliance. In
some cases, companies have commented that they will have to hire an
additional 20 percent in staff to comply with the new rules.
They also realize that they will require more management time to
meet the new deadlines. Such an effort would arguably divert
management resources from the business of increasing shareholder
value and provide little real gain for the shareholders.
Further, some companies worry that the faster time frame will
undercut the quality of reporting demanded by the SEC.
Unfortunately for
these companies, it seems that not only the SEC but also investors
want the faster reporting. The investor view came out in a
recent poll conducted for the Dow Jones Newswire by Motley Fool (the
financial advice company). Of the 1,390 responses
received, 67 percent said that they consider it crucial to obtain
information faster. Another 24 percent said that sooner is
better, but not crucial. See: Winokur Munk, Cheryl.
SEC Plan Calling For Faster
Filings Meets Resistance, The Wall Street Journal (SW
Ed.), 2002 May 22; Section C:1 (Col. 2-4).
By now you should
understand that these days the public neither trusts accountants nor
the companies or executives they serve. See:
Public’s Esteem for Business Falls in Wake of Enron Scandal.
One news report after another gives corporate America low marks
these days. Consequently, the SEC has been tagged to bear the
burden of carrying out accounting reform.
Accounting Reform Is Left
in SEC’s Lap, The Wall Street Journal (SW Ed.), 2002
April 17; Section C:5 (Col. 4).
Prediction:
If this proposed rule affects you, expect to file (or receive)
reports faster in the near future. As an “accelerated filer”
(in SEC lingo), start now to figure how to use technology and
existing resources, if possible, to meet the new filing
requirements. For more
information on these proposed rules, feel free to call my capable
SEC Partner,
Fred Stovall, or me at (214) 758-1500.
Tip: As a lessor or lender, you can benefit from the faster
reporting to evaluate your customer’s financial health. Take
advantage of the earlier reporting and web access. Watch for
accounting changes in the reports that may affect how you judge
financial statements and the overall company performance.
[Top]
7. Leasing
101: What is a "Like-Kind Exchange"?
If someone offered
you a way to defer your tax liability on disposing of an asset for
very little effort and expense, would you do it? If you like
saving money on your current tax bill, a like-kind exchange may be
just the ticket for you. Thanks to
Lombard U.S. Equipment Finance
Corporation, a member of The
Royal Bank of Scotland Group, for suggesting this topic.
A like-kind
exchange is a tax benefit that you can take when exchanging real
estate or capital equipment for like-kinds of assets. As the
taxpayer, you can defer capital gains taxes from the sale of an old
asset when you replace it with like-kind property pursuant to
Section 1031 of the Internal Revenue Code of 1986, as amended
(Code).
Any U.S. taxpayer
such as a lessee or other buyer is eligible for this tax benefit.
The taxpayer simply replaces existing business use or investment use
property with similar assets in a like-kind or tax-deferred exchange
transaction. Assets eligible for like-kind exchanges include
aircraft, real estate, vehicles, heavy equipment, agricultural
machinery and even billboards.
Terms to Know:
*
Like-Kind Property:
Property of the same nature and kind used in a like manner by the
taxpayer. For tangible personal property like aircraft, you
can exchange assets of a “like-kind” or “like-class.” For
example, like-class for aircraft, fall into a General Asset Class as
defined in the regulations under the Code. The General Asset
Class encompasses airplanes (airframes and engines), except those
used in commercial or contract carry of passengers or freight, and
all helicopters (airframes and-engines) (asset class 00.21).
*
Qualified Intermediary: The
entity that helps you complete the exchange by taking the rights
(but not the obligations) in contracts to sell “relinquished
property” and to buy the “replacement property.”
Tip: Select your qualified
intermediary carefully as the “QI” may guide you through this
transaction and handle the cash flow. For examples, check out
the QIs listed below.
* Relinquished Property:
The property that you sell or exchange that can create a taxable
capital gain on your tax return. For example, this property
could be an old aircraft that you want to sell to get a newer one.
* Replacement Property: The
property that you acquire (such as the newer aircraft). You exchange
the relinquished property (the old aircraft) for the replacement
property (the new aircraft) and defer capital gain that you would
pay if you simply sold the relinquished property (old aircraft).
This exchange works the same for any eligible property. For example,
you can exchange one office building for another one located in the
same state or another state.
Purpose of Like-Kind Exchange:
The purpose of a like-kind exchange is
to save the taxpayer from paying capital gains at the time of the
sale. When you defer a
tax payment (the capital gains tax) you save money. You do pay the tax eventually, but you can defer that day of
reckoning as long as you continue to complete valid exchanges under
Section 1031 of the Code.
*Example: Sale of
a printing press versus a like-kind exchange of the same printing
press:
| |
Exchange
|
Sale Only
|
|
Sale Price:
|
$1,000,000
|
$1,000,000 |
|
Tax Basis:
|
100,000 |
100,000
|
|
Gain on Sale
Recognized: |
0 |
900,000
|
|
Tax Due at 40%
Rate: |
0
|
360,000
|
|
Tax Deferral: |
$360,000
|
$0
|
*Effect:
The taxpayer in the like-kind exchange pays no income taxes at the
time of the sale. The
taxpayer in the sale transaction does pay $360,000 to the U.S.
Treasury. In the sale
deal, the taxpayer lost the opportunity to reinvest or deploy the
$360,000 in its business.
To make this point clear, if the taxpayer that exchanges his
property reinvests at a 10 percent return, he earns $36,000 where
the other taxpayer earns nothing each year.
How
the Exchange Works: Several steps exist in these transactions after the taxpayer
establishes a contractual relationship with its QI. The steps for the most basic transaction generally occur as
follows:
*First,
the taxpayer assigns the rights (but not the obligations) to the
contract/purchase order for the sale of the relinquished property
(for example, an old printing press) to a buyer.
The taxpayer passes title to the relinquished property
directly to the buyer (and bypasses the QI).
*Warning:
Sales and use taxes may arise in these transfers.
*Second, the buyer pays the
proceeds of the sale of the relinquished property (the old printing
press) to the QI. The
QI puts these funds in an exchange account for the benefit of the
taxpayer. Note: The taxpayer must clearly identify the
replacement property (for example, a new printing press) within 45
days after the sale and transfer of the relinquished property.
The taxpayer must generally complete the purchase of the
replacement property (the new printing press) within 180 days after
the transfer and sale of the relinquished property (the old printing
press).
*Third,
the taxpayer assigns the rights (but not the obligations) to the
purchase contract/purchase order to the QI for the replacement
property (the new printing press).
The taxpayer directs the QI to pay the seller the funds
received by the QI from the sale of the relinquished property (the
old printing press). If extra money is needed after applying the
proceeds of the sale of the relinquished property to the buyer, the
taxpayer (or its lessor) sends the additional funds to the QIs
exchange account to pay any remaining price for the replacement
property (the new printing press).
The seller then passes title to the new asset (the new
printing press) directly to the taxpayer-buyer (and bypasses the QI).
End Result: The taxpayer
ends up with the replacement property (the new printing press) and
defers to $360,000 of capital gains tax. A lessor can then lease the
replacement property to the lessee.
Some of the Players: Bank
subsidiaries, independent companies such as title companies, and
insurance companies act as QIs. For example, check out the
following QIs:
*APEX
Property Exchange Inc.
JP
Morgan Chase Bank recently purchased APEX.
APEX has done many highly structured exchanges and actively
participates in the transactions.
Its web site contains some helpful “white papers” to explain
like-kind exchanges for tangible personal property such as aircraft
and real estate.
*Chicago
Deferred Exchange Corporation
This QI is a
subsidiary of LaSalle Bank, N.A. and an ABN
Amro affiliate.
It offers a simple but detailed explanation on
its web site of the rules, process and economics for like-kind
exchanges.
The web site also answers frequently asked
questions.
*First
American Exchange Corporation
This
company is a subsidiary of a major title insurance company.
It focuses on real estate like-kind exchanges, but can
probably assist in other types of transactions including aircraft.
[Top]
8.
Training Improves Your Results
In the May 2002 edition of
ELT,
The Magazine of Equipment Leasing and Finance,
Mike Fleming wrote a good article you
should read entitled
Four Things Leasing Industry Executives Are Focusing on Today
(at pages 26-38).
As
President of the
Equipment Leasing Association (ELA).
Fleming
listed four items of significant importance to the industry:
funding, productivity, competition and growth as the key issues of
executives attending the “CEO Forum, the Industry Future Council and
Executive Roundtable”.
A common (but unsurprising)
concern emerged from the participants.
They apparently lamented that their parent companies, funding
sources, investors and others “don’t understand them or (the
leasing) business.” See
page 27. Training in a
wide variety of leasing topics can help others understand what you
do.
However, you have to make it happen.
You have to devote the time and
resources.
The optimal execution of your strategies for
success may depend on quality training.
Training helps people understand if you
provide it in plain terms.
As many of you are aware, I
selectively offer training based in part on my book,
Business Leasing for Dummies (BLFD)®.
My ideas have been field tested in the
trenches by doing real deals for a variety of lessors and lessees,
and honed by keeping current on industry issues. You can propose a
customized format for your training ranging from a three-hour course
to a two-day course. Other programs seem to provide canned material
without real life daily applications without this customized
approach.
Call me at (214) 758-1545 to discuss your
interests and needs ranging from courses for beginners to high-level
executives.
Tip:
Whether
or not you discuss your training needs with me, find trainers inside
or preferably outside of your organization.
They can help you and your constituents
better understand leasing, improve your productivity, and identify
new opportunities.
For more support on the value of
learning, click on:
Learning Pays.
[Top]
9. Web
Sites and Other Good Stuff
Here are some informative and
useful sites that can help you understand the new bonus depreciation
claim procedures, travel with ease outside of the U.S. and gain
knowledge of the leasing business::
*Bonus Depreciation Revenue
Procedure.
The
April BLN discussed the new
Bonus Depreciation Rules.
This
new revenue procedure helps with understanding the procedures to
claim (or not claim) the extra 30 percent bonus depreciation that
you did not claim before June 1, 2002.
Look at the
IRS Depreciation Rev. Proc.
at
http://www.irs.gov/pub/irs-irbs/irb02-20.pdf
on
pages 963 through 966 (pdf
file pages 46 through 49).
Thanks to my tax partner,
George Schutzer, for locating this
document on the Internet for BLN.
*FXConverter - Currency Conversion.
When traveling on business or pleasure, you can plan
ahead and easily figure how to convert foreign currency at
http://www.oanda.com/convert/classic
.
It
provides an
easy currency exchange table for 164 currencies in many different
languages. It also
enables you to buy currency, to receive direct delivery of currency,
and to obtain news, analysis and trading information on currencies.
*Equipment Leasing and Finance Foundation.
At
http://www.leasefoundation.org
you can obtain publications and resources on
a vast array of leasing and industry issues.
The foundation operates on private donations, and the
ELA would greatly appreciate it if you would
visit the site and contribute to the foundation.
*Cheap Airfares in Europe and Beyond. If you think
Southwest Air provides good air fares, take a look at really low,
low prices of 21 airlines in Europe at
http://www.europebyair.com
. Go to
http://www.aerfares.net, a specialty low-fare site, to
find the cheapest fares in Europe from Ryanair, EasyJet, Go, Buzz,
Virgin, BMI and Sterling. If you want a more expansive search, go to
http://www.farechase.com .
This site claims that “FareChase searches all the major travel
websites to find you the best deals available throughout the
internet.”
[Top]
10. A
Message From the Publisher, David G. Mayer
As you may have guessed, this newsletter is a work in process
or is it progress? In
any event, your strong and positive feedback has been most helpful
and I thank each of you for reading BLN.
This newsletter keeps me very current in legal and business
issues affecting leasing and financing.
It also enables me to provide you, my clients, colleagues and
friends, with insightful strategies to use in various business
situations. Feel free
to call me to discuss your views.
I value the opportunity to build relationships with you.
As you may be aware, I spend a substantial part of my legal
practice in business transactions that include buying, selling,
financing and leasing property of all kinds.
The property includes aircraft, energy, facility and
technology assets.
Patton Boggs also negotiates fractional ownership of
business aircraft, closes vendor programs and underlying
transactions, handles tax-exempt and federal leasing deals,
completes portfolio acquisitions, assists in syndications of deals
of all sizes, and much more.
We also spend a substantial amount of time working out
troubled deals.
Correction:
In the May issue of BLN, I mentioned in Item 1 the effective date of
the Interpretation of FAS 94 as being “December 12, 2002.”
That date should be December 15, 2002.
Thanks again for reading BLN and for your
feedback.
One BLN reader wrote recently:
"I found the Business Leasing Newsletter-May 2002 very informative
with several timely topics. Keep up the good work!"
Another BLN reader wrote:
"Your newsletter has a very pleasant visual presentation that adds
to the knowledgeable commentary.”
Keep the comments and suggestions coming!
I extend a special thank you to my editors at
Patton Boggs LLP for their comments on this edition: Sheila
Pedersen, Adrian Nicole McCoy and Julie Rivard.
Please forward this
e-mail to other people whom you know.
You may, for this
purpose, disregard the Patton Boggs distribution restriction that
appears at the bottom of this email.
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