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October 17, 2006

Capitalizing Operating Leases is not GAAP

Analysis of: New Leasing Rules Could Add Assets | www.cfo.com
This analysis is solely the work of the author. It has not been edited or endorsed by GLG.
Analysis By:
George Pugh
President, George Pugh & Co
Implications:

There has been a lively debate over the last fifty years or more on whether a long-term lease obligations should be capitalized. Dr. Miller is certainly adamant in his belief that all long-term lease obligations should be..

The FASB and its predecessors have disagreed with Dr. Miller, giving very short shift to his views in SFAS No. 13. I will go to the APB and ARB pronouncements and see if I can’t whistle up a proper answer.



Analysis:

The only place I have found the original text for APB or ARB pronouncements is the Financial Accounting Research System (FARS) produced by FASB. Since SFAS No. 13 has said little on the topic other than confirming its rejection of universal capitalization, it was necessary to review the earlier pronouncements to understand the reasoning behind the decision.

APB 5: "Reporting of Leases in Financial Statements of Lessee" Effective Date: September 1964 is the best place to begin research into the FASB thinking on the issue of lease capitalization.

Par. 5. The Accounting Principles …agrees that the nature of some lease agreements is such that an asset and a related liability should be shown in the balance sheet, and that it is important to distinguish this type of lease from other leases. The Board believes, however, that the distinction depends on the issue of whether or not the lease is in substance a purchase of the property rather than on the issue of whether or not a property right exists….



Par. 7. It seems clear that leases covering merely the right to use property in exchange for future rental payments do not create an equity in the property and are thus nothing more than executory contracts requiring continuing performance on the part of both the lessor and the lessee for the full period covered by the leases. The question of whether assets and liabilities should be recorded in connection with leases of this type is, therefore, part of the larger issue of whether the rights and obligations that exist under executory contracts in general (e.g., purchase commitments and employment contracts) give rise to assets and liabilities which should be recorded.



Par. 8. The rights and obligations related to unperformed portions of executory contracts are not recognized as assets and liabilities in financial statements under generally accepted accounting principles as presently understood. Generally accepted accounting principles require the disclosure of the rights and obligations under executory contracts in separate schedules or notes to the financial statements if the omission of this information would tend to make the financial statements misleading.

I have quoted at length because the sources are not generally available outside of accounting firms or academia, and I believe that the reasoning is extremely important because it clearly explains the GAAP for the current treatment of what are now called operating leases. Also note the emphasis of rights of ownership which is one of the five assertions without which GAAP with the emphasis on principles would be impossible.

Dr. Miller said the following to my earlier article on this subject:

"Here they are for lessees: the balance sheet does not report an asset or a liability [emphasis added, GP] (while the liability can be estimated, the asset’s value cannot), the income statement uses rent expense in computing operating income instead of depreciation and interest, thereby misrepresenting what really happened and making EBITDA calculations meaningless, the statement of cash flows understates cash from operations and understates cash used for financing, and the footnotes are incomplete and nearly useless.

I quote him at length, out of a need for fairness, and to show the substance of his argument. According to current GAAP, there are no assets and liabilities to report, so his analysis is meaningless, and if implemented would produce results counter to GAAP.

Now why do rating agencies and serious fixed income analysts capitalize operating leases, and adjust interest expense? They are not trying to improve on GAAP, rather they are trying to measure fixed charge coverage and capacity: the method is simple and can be consistently applied to a range of companies. This work is done for any lessee, but for retail, it is extremely important to understand the level of fixed cost incurred.

Finally Dr. Miller questions my conclusion about the FASB and SEC.

"As to Mr. Pugh’s suggestion that FASB and the SEC don’t understand financial analysis, I question his conclusion. I have worked at both places and have watched their members and staffs evolve over the years. They are very much in tune with the needs of financial statement users, so the suggestion to the contrary simply makes me scratch my head."

Dr. Miller, scratch your head no more because I will give you an example of a non-trivial failure by the FASB, and by extension the SEC: SFAS No. 95 "Statement of Cash Flows"

As some of you might remember, SFAS No. 95 offered two methods of presenting the information the direct and the indirect. Of the public utilities I covered, only one used the direct method, and then offered the indirect method in a note. Here are some indications of the quality of thought, demonstrated by the FASB:

Summary: This Statement encourages enterprises to report cash flows from operating activities directly by showing major classes of operating cash receipts and payments (the direct method).

Effective Date [1988] and Transition para. 34. Messrs. Lauver and Swieringa also dissent to this Statement's permitted use of the indirect method of reporting net cash flow from operating activities. They believe that by permitting the continued use of the indirect method, the Board has foregone the opportunity to make a significant contribution to the quality of financial reporting and to enhanced user understanding of cash flows from operating activities.

111. A majority of respondents to the Exposure Draft asked the Board to require use of the direct method. Those respondents, most of whom were commercial lenders, generally said that amounts of operating cash receipts and payments are particularly important in assessing an enterprise's external borrowing needs and its ability to repay borrowings.

As you can see, the vote was close. Had Messrs. Lauver and Swieringa’s views prevailed, the statement would have been absolutely useless. My customers and I decided that the best way to implement the FASB was to use the indirect method and the older format. I wonder which commercial bankers favored the direct method as I have never seen anyone use information of direct statements anywhere I have worked.

So Dr. Miller, I have whistled up some answer so you need scratch your head no more. Your suggestions for notional lease assets and liabilities violate two assertions: existence or occurrence and rights and obligations. The reasoning and presentation for SFAS No. 95 when compared to user needs and practices can only call the FASB’s judgment into question.


Other Analyses of the Same Source Article:
Ready or not, lease accounting is going to be reformed
October 19, 2006, Author: Paul Miller, CPA, Professor, UNIVERSITY OF COLORADO

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