BLM20155 - Defining long funding leases: basic definition: lease in a sale and finance leaseback (CAA01/S70K (1)(c))
The third of the definitions means that the lease in a sale
and finance leaseback is a long funding lease.
This definition is needed because, under GAAP, it might be
argued that the lease in a sale and finance leaseback should be
accounted for as if it were a loan. Section 70K (1)(c) removes any
doubt about the tax treatment, which is discussed at
BLM16010 and
BLM16015.
The concept of a sale and finance leaseback is defined in
CAA01/S221, see CA28500. An important feature of the definition is
that the lease must be accounted for as a finance lease by the
lessor. It does not matter how the lessee accounts for the
lease.
