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Synthetic Leases

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Submitted By PHGlenn249
Words 3539
Pages 15
Abstract

By now most of us have heard and read numerous articles about synthetic leases. We also know synthetic lease transactions are relatively commonplace for financing corporate build-to-suits and acquisitions, and that they are widely accepted by corporate real estate executives, financial institutions, and accounting firms. But is the synthetic lease a panacea for the corporate executive faced with a leasing decision? Are they the perfect solution for keeping real estate assets oil the company balance sheet? Are there any drawbacks to a synthetic lease? Before entering into a synthetic lease, the corporate tenant should know the potential shortcomings of a synthetic lease as well as when and when not to use one.

EBay - Enron

Under a synthetic lease, a company designs a special purpose entity (SPE). The SPE exists exclusively to supply the parent company with an operating lease. Basically, it keeps debt off the parent company's books under existing accounting rules. The SPE is regarded as part of the parent company for tax purposes (Edman, 2011). A synthetic lease allows a company to keep debt off the books, but at the same time, is able to remove interest and depreciation as if they had bought and mortgaged the place. The parent company gets the tax benefits of ownership but suppresses the liability. As with operating leases, only a footnote disclosure is required. If this kind of financial engineering appears suggestive of Enron, that's because it is. SPE's are virtually identical with the shell corporations that set off the Enron cataclysm (Edman, 2011). Synthetic leases are perfectly legal. Under existing accounting, synthetic leases are legal, but they are a stratagem, a way to keep debt off the balance sheet. As luck would have it, these kinds of dealings are

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