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FASB Finalizes Its Decisions on Rerunning Leveraged Leases

By ALM Staff | Law Journal Newsletters |

As reported last month by Bill Bosco, the Financial Accounting Standards Board planned to, and did in fact, meet on March 2 to finalize its decisions on the issue of recalculating a leveraged lease in the event of changes in timing of tax benefits. The Board affirmed its tentative conclusions that a change in timing of the realization of tax benefits should require a recalculation of the leveraged lease and a re-evaluation of the classification of the leveraged lease.

The Board's decision applies to all leveraged leases. Changes in tax position due to AMT or NOL will continue to follow EITF 87-8 and no rerun is required unless the AMT or NOL is permanent and thus changes total net income. No bright-line materiality test was established, but rather left up to judgment.

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