IAS 17 (paragraph 4) uses a very similar basic definition as
it classifies a lease as a finance lease if it ‘transfers
substantially all the risks and rewards incidental to
ownership’ but it does not refer to the 90% mentioned in SSAP
21. It also notes that title may or may not be transferred.
Paragraph 10 of IAS 17 goes on to say that ‘whether a
lease is a finance lease or an operating lease depends on the
substance of the transaction rather than the form of the
contract.’ It then gives examples of situations which would
normally lead to a lease being classified as a finance lease:
Paragraph 11 goes on to provide indicators of situations that individually or in combination could result in a finance lease. These are:
The Standard emphasises that these examples and indicators are
not always conclusive.
As with UK GAAP, any question of whether a lease is, or is
not, a finance lease must be referred to your local advisory
accountants.
An important difference between UK GAAP and IFRS is that IAS
17 requires the land and buildings elements of a lease to be
considered separately for the purposes of lease classification.
Unless title is expected to pass to the lessee at the end of the
lease term, leases of land should be treated as operating leases.
The lease of the building however might be classified as a finance
lease. UK GAAP contains no requirement to consider these elements
separately.
SSAP 21, IAS 17, and the accompanying Notes are well worth
studying in order to get a better understanding of the nature of
finance leasing and the accounting mechanics.