IFRS 16 : Leases Part 1 Flashcards
Objective of IFRS 16
IFRS 16 sets out the principles for the recognition, measurement, presentation and disclosure of leases. The objective is to ensure that lessees and lessors provide relevant information in a manner that faithfully represents those transactions. This information gives a basis for users of financial statements to assess the effect that leases have on the financial position, financial performance and cash flows of an
entity. [IFRS 16.1].
IFRS 16 requires an entity to consider the terms and conditions of contracts and all relevant facts and circumstances, and to apply the standard consistently to contracts with similar characteristics and in similar circumstances. [IFRS 16.2].
Scope of IFRS 16
IFRS 16 applies to all leases, including leases of right-of-use assets in a sublease, except for:
(a) Leases to explore for or use minerals, oil, natural gas and similar non-regenerative resources;
(b) Leases of biological assets within the scope of IAS 41 – Agriculture – held by a lessee;
(c) Service concession arrangements within the scope of IFRIC 12 – Service Concession Arrangements;
(d) Licences of intellectual property granted by a lessor within the scope of IFRS 15; and
(e) Rights held by a lessee under licensing agreements within the scope of IAS 38 – Intangible Assets – for such items as motion picture films, video recordings, plays,
manuscripts, patents and copyrights. [IFRS 16.3].
A lessee may, but is not required to, apply IFRS 16 to leases of intangible assets other than those described in (e) above. [IFRS 16.4].
Recognition exemptions
A lessee can elect not to apply the recognition requirements to:
(a) Short term leases; and
(b) Leases for which the underlying asset is of low value. [IFRS 16.5].
These recognition exemptions are discussed in further detail at Short-term leases and Leases of low-value assets below.
Definitions
Commencement date of the lease (commencement
date)
- The date on which a lessor makes an underlying asset available for use by a lessee.
Fair value
- For the purpose of applying the lessor accounting requirements in this Standard, the amount for which an asset could be exchanged, or a liability settled,
between knowledgeable, willing parties in an arm’s length transaction.
Economic life
- Either the period over which an asset is expected to be economically usable by one or more users or the number of production or similar units expected to be
obtained from an asset by one or more users.
Effective date of the modification
- The date when both parties agree to a lease modification.
Finance lease
- A lease that transfers substantially all the risks and rewards incidental(happening as a result of (an activity)) to ownership of an underlying asset.
Fixed payments
- Payments made by a lessee to a lessor for the right to use an underlying asset during the lease term, excluding variable lease payments.
Gross investment in the lease
- The sum of:
• The lease payments receivable by a lessor under a finance lease; and
• Any unguaranteed residual value accruing to
the lessor.
Inception date of the lease (inception date)
- The earlier of the date of a lease agreement and the date of commitment by the parties to the principal terms and conditions of the lease.
Initial direct costs
- Incremental costs of obtaining a lease that would not have been incurred if the lease had not been obtained, except for such costs incurred by a manufacturer
or dealer lessor in connection with a finance lease.
Interest rate implicit in the lease
- The rate of interest that causes the present value of (a) the lease payments and
(b) the unguaranteed residual value to equal the sum of (i) the fair value of the underlying asset and (ii) any initial direct costs of the lessor.
Lease
- A contract, or part of a contract, that conveys(carry) the right to use an asset (the underlying asset) for a period of time in exchange for consideration.
Lease incentives
- Payments made by a lessor to a lessee associated with a lease, or the reimbursement or assumption by
a lessor of costs of a lessee.
Lessor
- An entity that provides the right to use an underlying asset for a period of time in exchange for consideration.
Lease modification
- A change in the scope of a lease, or the consideration for a lease, that was not part of the original terms and conditions of the lease (for example, adding or terminating the right to use one or more underlying assets, of extending or shortening the contractual lease term).
Lessee
- An entity that obtains the right to use an
underlying asset for a period of time in exchange for consideration.
Lease term
- The non-cancellable period for which a lessee has the right to use an underlying asset, together with both:
(a) Periods covered by an option to extend the lease
if the lessee is reasonably certain to exercise that option; and
(b) Periods covered by an option to terminate the
lease if the lessee is reasonably certain not to
exercise that option.
Lessee’s incremental borrowing rate
- The rate of interest that a lessee would have to pay to borrow over a similar term, and with a similar security, the funds necessary to obtain an asset of a similar value to the right-of-use asset in a similar economic environment.
Net investment in the lease
- The gross investment in the lease discounted at the interest rate implicit in the lease.
Operating lease
- A lease that does not transfer substantially all the risks and rewards incidental to ownership of an underlying asset.
Optional lease payments
- Payments to be made by a lessee to a lessor for the right to use an underlying asset during periods covered by an option to extend or terminate a lease that are not included in the lease term.
Period of use
- The total period of time that an asset is used to fulfil a contract with a customer (including any non-consecutive periods of time).
Residual value guarantee
- A guarantee made to a lessor by a party unrelated to the lessor that the value (or part of the value) of an underlying asset at the end of a lease will be at least
a specified amount.
Right-of-use asset
- An asset that represents a lessee’s right to use an underlying asset for the lease term.
Short-term lease
- A lease that, at the commencement date, has a lease term of 12 months or less. A lease that contains a purchase option is not a short-term lease.
Contract
- An agreement between two or more parties that creates enforceable rights and obligations.
Sublease
- A transaction for which an underlying asset is re-leased by a lessee (‘intermediate lessor’) to a third party, and the lease (‘head lease’) between the head lessor and the lessee remains in effect.
Underlying asset
- An asset that is the subject of a lease, for which the right to use that asset has been provided by a lessor to a lessee.
Unearned finance income
- The difference between:
(a) The gross investment in the lease; and
(b) The net investment in the lease.
Unguaranteed residual value
- That portion of the residual value of the underlying asset, the realisation of which by a lessor is not
assured or is guaranteed solely by a party related
to the lessor.
Variable lease payments
- The portion of payments made by a lessee to a lessor for the right to use an underlying asset during the lease term that varies because of changes in facts
or circumstances occurring after the commencement date, other than the passage of time.
Useful life
- The period over which an asset is expected to be available for use by an entity; or the number of production or similar units expected to be obtained from an asset by an entity.
Lease payments
- Payments made by a lessee to a lessor relating to the right to use an underlying asset during the lease term, comprising the following:
(a) Fixed payments (including in-substance fixed payments), less any lease incentives;
(b) Variable lease payments that depend on an index or a rate;
(c) The exercise price of a purchase option if the lessee is reasonably certain to exercise that option; and
(d) Payments of penalties for terminating the lease,
if the lease term reflects the lessee exercising an option to terminate the lease.
For the lessee, lease payments also include amounts expected to be payable by the lessee under residual value guarantees. Lease payments do not include
payments allocated to non-lease components of a contract, unless the lessee elects to combine non-lease components with a lease component and to account for them as a single lease component.
For the lessor, lease payments also include any residual value guarantees provided to the lessor by the lessee, a party related to the lessee or a third party
unrelated to the lessor that is financially capable of discharging the obligations under the guarantee. Lease payments do not include payments allocated
to nonlease components.
WHAT IS A LEASE?
WHAT IS A LEASE?
IFRS 16 defines a lease as ‘a contract, or part of a contract, that conveys the right to use an asset (the underlying asset) for a period of time in exchange for consideration’. [IFRS 16 Appendix A].
The determination of whether an arrangement contains a lease is performed at the inception of the contract. [IFRS 16.9].
The assessment of whether a contract is or contains a lease will be straightforward in most arrangements. However, judgement may be required in applying the definition of a lease to certain arrangements.
For example, in contracts that include significant
services, we believe that determining whether the contracts conveys the right to direct the use of an identified asset may be challenging. We discuss this further at Determining whether an arrangement contains a lease below.
Determining whether an arrangement contains
a lease 1
At inception of a contract, an entity assesses whether the contract is, or contains, a lease. A contract is, or contains, a lease if the contract conveys the right to control the use of an identified asset for a period of time in exchange for consideration. [IFRS 16.9].
See Identified asset below for additional discussion
on identified assets.
A period of time may be described in terms of the amount of use of an identified asset (for example, the number of production units that an item of equipment will be used to produce). [IFRS 16.10].
Determining whether an arrangement contains
a lease 2
To assess whether a contract conveys the right to control the use of an identified asset for a period of time, an entity assesses whether, throughout the period of use, the customer has both of the following :
(a) the right to obtain substantially all of the economic benefits from use of the identified asset (see Right to obtain substantially all of the economic benefits
from use of the identified asset below); and
(b) the right to direct the use of the identified asset (see Right to direct the use of the identified asset below). [IFRS 16.B9].
If the customer has the right to control the use of an identified asset for only a portion of the term of the contract, the contract contains a lease for that portion of the term. [IFRS 16.B10].
An entity assesses whether a contract contains a lease for each potential separate lease component.
[IFRS 16.B12]. See Identifying and separating lease and non-lease components of a contract below.
Determining whether an arrangement contains
a lease - Joint arrangements 1
Entities often enter into joint arrangements (JOAs) with other entities for certain activities. For example, the exploration of oil and gas fields, or the development
of pharmaceutical products.
A contract for the use of an asset by a joint arrangement might be entered into in a number of different ways, including:
• directly by the joint arrangement, if the joint arrangement has its own legal identity;
• by each of the parties to the joint arrangement (i.e. the lead operator and the other parties, commonly referred to as the non-operators) individually signing
the same arrangement;
Determining whether an arrangement contains
a lease - Joint arrangements 2
• by one or more of the parties to the joint arrangement on behalf of the joint arrangement. Generally, this would be evidenced in the contract and the parties to the joint arrangement would have similar rights and obligations as they would if they individually signed the arrangement. In these situations, the facts and circumstances, as well as the legal position of each entity, need to be evaluated carefully; and
• by the lead operator of the joint arrangement in its own name, i.e. as principal. This may occur when the lead operator leases equipment which it then uses in fulfilling
its obligations as the lead operator of the joint arrangement and/or across a range of unrelated activities, including other joint arrangements with unrelated activities, such as with other joint operating parties.
Determining whether an arrangement contains
a lease - Joint arrangements 3
A contract to receive goods or services may be entered into by a joint arrangement or on behalf of a joint arrangement, as defined by IFRS 11 – Joint Arrangements. In this case, the joint arrangement is considered to be the customer in the contract.
[IFRS 16.B11].
Accordingly, in determining whether such a contract contains a lease, an assessment needs to be made as to which party (e.g. the joint arrangement or the lead operator) has the right to control the use of an identified asset throughout the period of use.
Determining whether an arrangement contains
a lease - Joint arrangements 4
If the parties to the joint arrangement collectively have the right to control the use of an identified asset throughout the period of use as a result of their collective control of the operation, the joint arrangement is the customer to the contract that may contain a lease.
It would be inappropriate to conclude that the contract does not contain a lease on the grounds that each of the parties to the joint arrangement either has rights to a nonphysically distinct portion of an underlying asset and, therefore, does not have the right to substantially all of the economic benefits from the use of that underlying asset or does not unilaterally direct its use.
Determining if the parties to the joint arrangement
collectively have the right to control the use of an identified asset throughout the period of use would require a careful analysis of the rights and obligations of each party.
Determining whether an arrangement contains
a lease - Joint arrangements 5
In the first three scenarios above, if it has been determined that a contract is, or contains, a lease, each of the parties to the joint arrangement (i.e. the joint operators comprising the lead operator and the non-operators) will account for their respective interests in the joint arrangement (including any leases) under paragraphs 20-23 of IFRS 11.
Therefore, they will account for their individual share of any right-of-use assets and lease liabilities, and associated depreciation and interest.
In the fourth scenario (i.e. where the lead operator enters the arrangement in its own name), the lead operator will need to assess whether the arrangement is, or contains, a lease. If the lead operator controls the use of the identified asset, it would recognise the entire right-of-use asset and lease liability on its balance sheet. This would be the case even if it is entitled to bill the non-operator parties their proportionate share of the costs under the joint operating agreement.
Determining whether an arrangement contains
a lease - Joint arrangements 6
If the lead operator determines it is the lessee, it would also evaluate whether it has entered into a sublease with the joint arrangement (as the customer to the sublease). For example, the lead operator may enter into a five-year equipment lease with a supplier,
but may then enter into a two-year arrangement with one of its joint arrangements, thereby yielding control of the right to use the equipment to the joint arrangement during the two-year period.
In many cases, the lead operator will not meet the
requirements to recognise a sublease because the arrangement does not create legally enforceable rights and obligations that convey the right to control the use of the asset to the joint arrangement. However, the conclusion as to whether the joint arrangement
is a customer, i.e. the lessee in a contract with a lead operator, by virtue of the joint operating agreement, would be impacted by the individual facts and circumstances.
Determining whether an arrangement contains
a lease - Joint arrangements 7
If there is a sublease with the operator, IFRS 11 would require the non-operators to recognise their respective share of the joint arrangement’s right-of-use asset and lease liability and the lead operator would have to account for its sublease to the joint arrangement separately.
However, if no sublease existed, the non-operators would recognise joint interest payables when incurred for their share of the costs incurred by the operator in respect of the leased asset.
Determining whether an arrangement contains
a lease - Identified asset 1
An arrangement only contains a lease if there is an identified asset. An asset is typically identified by being explicitly specified in a contract. However, an
asset can also be identified by being implicitly specified at the time that the asset is made
available for use by the customer. [IFRS 16.B13].
Example 24.1: Implicitly specified asset
Example 24.2: Identified asset – implicitly specified at the time the asset is made available for use by the customer
A capacity portion of an asset is an identified asset if it is physically distinct (for example, a floor of a building). A capacity or other portion of an asset that is not physically distinct (for example, a capacity portion of a fibre optic cable) is not an identified asset, unless it represents substantially all of the capacity of the asset and thereby provides the customer with the right to obtain substantially all of the economic benefits from use of the asset. [IFRS 16.B20]
Determining whether an arrangement contains
a lease - Identified asset 2
Some contracts involve a dedicated cable that is part of the larger network infrastructure (e.g. unbundled network element arrangements for the ‘last mile’ to a customer location, ‘special access’ arrangements for a dedicated connection between two locations). IFRS 16
does not specify or provide examples that clarify whether these arrangements are identified assets. However, the FASB’s new standard includes an additional example that is similar to a dedicated cable (i.e. a segment of a pipeline that connects a single customer to a larger pipeline).
As the IASB has stated that it and the FASB have reached the same conclusions on the definition of a lease, we believe that, under IFRS 16, the last mile of a
network that connects a single customer to a larger network may be an identified asset. However, such arrangements may or may not meet the definition of a lease. Entities will need to be sensitive to this matter in both these and similar arrangements.
Example 24.3: Identified asset – physically distinct portion of a larger asset
Example 24.4: Identified asset – capacity portion of an asset
Determining whether an arrangement contains
a lease - Identified asset 3
Land easements or rights of way are rights to use, access or cross another entity’s land for a specified purpose. For example, a land easement might be obtained for the right to construct and operate a pipeline or other assets (e.g. railway line, utility pipes or telecommunication lines) over, under or through an existing area of land or body of water while allowing the landowner continued use of the land for other purposes (e.g. farming), as long as the landowner
does not interfere with the rights conveyed in the
land easement.
A land easement may be perpetual or for a specified term. It may provide for exclusive or non-exclusive use of the land, and may be prepaid or paid over a defined term.
Determining whether an arrangement contains
a lease - Identified asset 4
Perpetual easements are outside the scope of IFRS 16, as the definition of a lease requires the contract to be for a period of time. Therefore, entities must carefully evaluate easement contracts to determine whether the contract is perpetual or for a period of time.
Examples of contracts that may appear perpetual but are term based include:
• very long-term contracts, that very long-term leases of land (e.g. 999 years) ;
• contracts with a stated, non-cancellable lease term that ‘automatically renews’ if the lessee pays a periodic renewal fee. This is an in-substance fixed term contract with optional renewal periods; and
• contracts that define the period of use as the period over which the assets are used (e.g. as long as natural gas flows through a gathering system) is a fixed term contract (i.e. terminated when production ceases) rather than a perpetual contract because the gas reserves will ultimately be depleted.
When determining whether a contract for a land easement or right of way is a lease, entities will need to assess whether there is an identified asset and whether the customer obtains substantially all of the economic benefits of the identified asset and has the right to direct the use of that asset throughout the period of use.
Determining whether an arrangement contains
a lease - Substantive substitution rights 1
Even if an asset is specified, a customer does not have the right to use an identified asset if, at inception of the contract, a supplier has the substantive right to substitute the asset throughout the period of use (i.e. the total period of time that an asset is used to fulfil a
contract with a customer, including the sum of any non-consecutive periods of time).
[IFRS 16 Appendix A]. A supplier’s right to substitute an asset is substantive when both of the following conditions are met :
• the supplier has the practical ability to substitute alternative assets throughout the period of use (e.g. the customer cannot prevent the supplier from substituting an asset and alternative assets are readily available to the supplier or could be sourced
by the supplier within a reasonable period of time); and
• the supplier would benefit economically from the exercise of its right to substitute the asset (i.e. the economic benefits associated with substituting the asset are expected to exceed the costs associated with substituting the asset). [IFRS 16.B14].
Determining whether an arrangement contains
a lease - Substantive substitution rights 2
The IASB indicated in the Basis for Conclusions to IFRS 16 that the conditions above are intended to differentiate between substitution rights that result in a supplier controlling the use of an asset, rather than the customer, and rights that do not change the substance or character of the contract. [IFRS 16.BC113].
If the supplier has a right or an obligation to substitute the asset only on or after either a particular date or the occurrence of a specified event, the supplier’s substitution right is not substantive because the supplier does not have the practical ability to substitute
alternative assets throughout the period of use.
[IFRS 16.B15].
Determining whether an arrangement contains
a lease - Substantive substitution rights 3
An entity’s evaluation of whether a supplier’s substitution right is substantive is based on facts and circumstances at inception of the contract. At inception of the contract, an entity should not consider future events that are not likely to occur. IFRS 16 provides the following examples of circumstances that, at inception of the contract, are not likely to occur and, thus, are excluded from the evaluation of whether a supplier’s substitution right is substantive throughout the
period of use :
- an agreement by a future customer to pay an above market rate for use of the asset;
- the introduction of new technology that is not substantially developed at inception of the contract;
- a substantial difference between the customer’s use of the asset, or the performance of the asset, and the use or performance considered likely at inception of the contract; and
- a substantial difference between the market price of the asset during the period of use, and the market price considered likely at inception of the contract. [IFRS 16.B16]
Determining whether an arrangement contains
a lease - Substantive substitution rights 4
The requirement that a substitution right must benefit the supplier economically in order to be substantive is a new concept. In many cases, it will be clear that the supplier will not benefit from the exercise of a substitution right because of the costs associated
with substituting an asset. [IFRS 16.BC113]. If an asset is located at the customer’s premises or elsewhere, the costs associated with substitution are generally higher than when located at the supplier’s premises, and therefore, are more likely to exceed the benefits
associated with substituting the asset. [IFRS 16.B17]
However, simply because a supplier concludes that the cost of substitution is not significant does not automatically mean that it would economically benefit from the right of substitution.
Determining whether an arrangement contains
a lease - Substantive substitution rights 5
IFRS 16 further clarifies that a customer should presume that a supplier’s substitution right is not substantive when the customer cannot readily determine whether the supplier has a substantive substitution right. [IFRS 16.B19]. This requirement is intended to clarify that a customer is not expected to exert undue effort to provide evidence that a
substitution right is not substantive. We believe that the Board did not include a similar provision for suppliers, because they should have sufficient information to make a determination of whether a substitution right is substantive.
Contract terms that allow or require a supplier to substitute alternative assets only when the underlying asset is not operating properly (e.g. a normal warranty provision) or when a technical upgrade becomes available do not create a substantive substitution right.
[IFRS 16.B18].
Example 24.5: Substitution rights
Determining whether an arrangement contains
a lease - Right to obtain substantially all of the economic benefits from use of the identified asset 1
To control the use of an identified asset, a customer is required to have the right to obtain substantially all of the economic benefits from use of the asset throughout the period of use (for example, by having exclusive use of the asset throughout that period).
A customer can obtain economic benefits from use of an asset directly or indirectly in many ways, such as by using, holding or sub-leasing the asset. The economic benefits from use of an asset include its primary output and by-products (including potential cash flows derived from these items), and other economic benefits from using the asset that could be realised from a commercial transaction with a third party.
[IFRS 16.B21].
The term ‘substantially all’ is not defined in IFRS 16. However, entities might consider the term similarly to how it is used in IAS 17 in the context of lease classification. Economic benefits arising from construction or ownership of the identified asset (e.g.
tax benefits related to excess tax depreciation and investment tax credits as discussed in IFRS 16.BC 118) are not considered economic benefits derived from the use of the asset. Therefore, they are not considered when assessing whether a customer has the right to obtain substantially all of the economic benefits.
Determining whether an arrangement contains
a lease - Right to obtain substantially all of the economic benefits from use of the identified asset 2
When assessing the right to obtain substantially all of the economic benefits from use of an asset, an entity considers the economic benefits that result from use of the asset within the defined scope of a customer’s right to use the asset. For example:
(a) if a contract limits the use of a motor vehicle to only one particular territory during the period of use, an entity considers only the economic benefits from
use of the motor vehicle within that territory, and not beyond; or
(b) if a contract specifies that a customer can drive a motor vehicle only up to a particular number of miles during the period of use, an entity considers only the
economic benefits from use of the motor vehicle for the permitted mileage, and not beyond. [IFRS 16.B22].
Determining whether an arrangement contains
a lease - Right to obtain substantially all of the economic benefits from use of the identified asset 3
If a contract requires a customer to pay the supplier or another party a portion of the cash flows derived from use of an asset as consideration, those cash flows paid as consideration are considered to be part of the economic benefits that the customer obtains from use
of the asset.
For example, if the customer is required to pay the supplier a percentage of sales from use of retail space as consideration for that use, that requirement does not prevent the customer from having the right to obtain substantially all of the economic benefits from use of the retail space. This is because the cash flows arising from those sales are considered to be economic benefits that the customer obtains from use of the retail space, a portion of which it then pays to the supplier as consideration for the right to use that space. [IFRS 16.B23].
Determining whether an arrangement contains
a lease - Right to direct the use of the identified
asset 1
A customer has the right to direct the use of an identified asset throughout the period of use when either:
• the customer has the right to direct how and for
what purpose the asset is used throughout the
period of use; or
• the relevant decisions about how and for what purpose an asset is used are predetermined; and
- the customer either has the right to operate the asset, or to direct others to operate the asset in a manner that it determines, throughout the period of use, without the supplier having the right to change those operating instructions; or
- the customer designed the asset, or specific aspects of the asset, in a way that predetermines how and for what purpose the asset will be used throughout the period of use. [IFRS 16.B24].
Determining whether an arrangement contains
a lease - Right to direct the use of the identified
asset : How and for what purpose the asset is used 1
A customer has the right to direct how and for what purpose the asset is used if, within the scope of its right of use defined in the contract, it can change how and for what purpose the asset is used throughout the period of use. In making this assessment, an entity
considers the decision-making rights that are most relevant to changing how and for what purpose the asset is used throughout the period of use. Decision-making rights are relevant when they affect the economic benefits to be derived from use. The decision-making rights that are most relevant are likely to be different for different contracts, depending on the nature of the asset and the terms and conditions
of the contract. [IFRS 16.B25].
How and for what purpose an asset is used is a single concept (i.e. ‘how’ an asset is used is not assessed separately from ‘for what purpose’ an asset is used). [IFRS 16.BC120]. The IASB have indicated that decisions about how and for what purpose an asset is used
can be viewed as similar to the decisions made by a board of directors. Decisions made by a board of directors about the operating and financing activities of an entity are generally the most relevant decisions rather than the actions of individuals implementing those decisions. [IFRS 16.BC120].
Determining whether an arrangement contains
a lease - Right to direct the use of the identified
asset : How and for what purpose the asset is used 2
Examples of decision-making rights that, depending on the circumstances, grant the right to change how and for what purpose the asset is used, within the defined scope of the customer’s right of use, include:
(a) rights to change the type of output that is produced by the asset (for example, to decide whether to use
a shipping container to transport goods or for storage,
or to decide upon the mix of products sold from retail space);
(b) rights to change when the output is produced (for example, to decide when an item of machinery or a power plant will be used);
(c) rights to change where the output is produced (for example, to decide upon the destination of a truck or a ship, or to decide where an item of equipment is used); and
(d) rights to change whether the output is produced, and the quantity of that output (for example, to decide whether to produce energy from a power plant and how
much energy to produce from that power plant).
[IFRS 16.B26].
Determining whether an arrangement contains
a lease - Right to direct the use of the identified
asset : How and for what purpose the asset is used 3
Examples of decision-making rights that do not grant the right to change how and for what purpose the asset is used include rights that are limited to operating or maintaining the asset. Such rights can be held by the customer or the supplier. Although rights such as those to operate or maintain an asset are often essential to the efficient use of an asset, they are
not rights to direct how and for what purpose the asset is used and are often dependent on the decisions about how and for what purpose the asset is used. However, rights to operate an asset may grant the customer the right to direct the use of the asset if the relevant decisions about how and for what purpose the asset is used are predetermined. [IFRS 16.B27].
The customer does not need the right to operate the underlying asset to have the right to direct its use. That is, the customer may direct the use of an asset that is operated by the supplier’s personnel. However, as discussed at Relevant decisions about how and for what
purpose the asset is used are predetermined below, the right to operate an asset will often provide the customer the right to direct the use of the asset if the relevant
decisions about how and for what purpose the asset is used are predetermined.
Determining whether an arrangement contains
a lease - Right to direct the use of the identified
asset : Relevant decisions about how and for what purpose the asset is used are predetermined
In some cases, it will not be clear whether the customer has the right to direct the use of the identified asset. This could be the case when the most relevant decisions about how and for what purpose an asset is used are predetermined by contractual restrictions on the use of the asset (e.g. the decisions about the use of the asset are agreed to by the design
of the asset or by contractual restrictions on the use of the asset). This may occur when the customer and the supplier in negotiating the contract predetermined the most relevant decisions and those decisions cannot be changed. The IASB indicated that it would expect
decisions about how and for what purpose an asset is used to be predetermined in few cases.
[IFRS 16.BC121].
In such cases, a customer has the right to direct the use of an identified asset throughout the period of use when the customer either :
• has the right to operate the asset, or direct others to operate the asset in a manner it determines, throughout the period of use without the supplier having the right
to change those operating instructions; or
• designed the asset (or specific aspects of the asset) in a way that predetermines how and for what purpose the asset will be used throughout the period of use.
[IFRS 16.B24].
Determining whether an arrangement contains
a lease - Right to direct the use of the identified
asset : Specifying the output of an asset before the period of use
As noted above, the relevant decisions about how and for what purpose the asset is used can be predetermined in a number of ways. For example, the relevant decisions can be predetermined by the design of the asset or by contractual restrictions on the use of the asset. [IFRS 16.B28]. In assessing whether a customer has the right to direct the use of an asset,
an entity considers only rights to make decisions
about the use of the asset during the period of use, unless how and for what purpose an asset is used is predetermined.
Consequently, unless the customer designed the asset (or specific aspects of the asset) in a way that predetermines how and for what purposes the asset will be used throughout the period of use, an entity does not consider decisions that are predetermined before the period of use. For example, if a customer is able only to specify the output of an asset before the period of use, the customer does not have the right to direct the use of that asset throughout the period of use. The ability to specify the output in a contract before the period of use, without any other decision-making rights relating to the use of the asset, gives a customer the same rights as any customer that purchases goods or services.
[IFRS 16.B29].
Determining whether an arrangement contains
a lease - Right to direct the use of the identified
asset : Protective rights
A contract may include terms and conditions designed to protect the supplier’s interest in the asset or other assets, to protect its personnel, or to ensure the supplier’s compliance with laws or regulations.
These are examples of protective rights. For
example, a contract may (i) specify the maximum amount of use of an asset or limit where or when the customer can use the asset, (ii) require a customer to follow particular operating practices, or (iii) require a customer to inform the supplier of changes in how an asset will be used. Protective rights typically define the scope of the customer’s right of use but do not, in isolation, prevent the customer from having the
right to direct the use of an asset. [IFRS 16.B30].
Example 24.6: Right to direct the use of an asset
Determining whether an arrangement contains
a lease - Flowchart of the decision making process
IFRS 16 contains a flowchart that depicts the decision making process for determining whether an arrangement contains a lease [IFRS 16.B31] and provides a summary of the discussion in Identified asset through Protective rights above. This has been reproduced below. (refer OneNote).
We believe that the assessment of whether a contract is or contains a lease will be straightforward in most arrangements. However, judgement may be required in
applying the definition of a lease to certain arrangements.
Determining whether an arrangement contains
a lease - Reassessment of the contract
An entity reassesses whether a contract is, or contains, a lease only if the terms and conditions of the contract are changed. [IFRS 16.11]. A change in the terms and conditions of a contract does not include the exercise of an option (e.g. a renewal option) or failure to exercise an option that is included in the contract.
no note
Identifying and separating lease and non-lease components of a contract - Identifying and separating lease components of a contract 1
An entity accounts for each lease component within a contract as a lease separately from non-lease components of the contract, unless the entity (lessees only) applies the practical expedient in paragraph 15 of IFRS 16. [IFRS 16.12]. The right to use an underlying asset is a separate lease component if both:
(a) the lessee can benefit from use of the underlying asset either on its own or together with other resources that are readily available to the lessee. Readily available resources are goods or services that are sold or leased separately (by the lessor or other suppliers) or resources that the lessee has already obtained (from the lessor or from other transactions or events); and
(b) the underlying asset is neither highly dependent on, nor highly interrelated with, the other underlying assets in the contract. For example, the fact that a lessee could
decide not to lease the underlying asset without significantly affecting its rights to use other underlying assets in the contract might indicate that the underlying asset is not highly dependent on, or highly interrelated with, those other underlying assets. [IFRS 16.B32].
If one or both of these criteria are not met, the right to use multiple assets is considered a single lease component.
Identifying and separating lease and non-lease components of a contract - Identifying and separating lease components of a contract 2
A contract may include an amount payable by the lessee for activities and costs that do not transfer a good or service to the lessee. For example, a lessor may include in the total amount payable a charge for administrative tasks, or other costs it incurs associated
with the lease, that do not transfer a good or service
to the lessee
Such amounts payable do not give rise to a separate component of the contract, but are considered to be part
of the total consideration that is allocated to the separately identified components of the contract.
[IFRS 16.B33].
Example 24.7: Identifying and separating lease components
Identifying and separating lease and non-lease components of a contract - Identifying and separating lease components of a contract 3
For contracts that involve the right to use land and land improvements (e.g. buildings), IFRS 16 requires a lessor to classify and account for the right to use land
as a separate lease component, unless the accounting effect of doing so is immaterial to the lease.
[IFRS 16.B57].
For example, separation of the land may not be necessary when the amount that would be
recognised for the land lease component is
immaterial to the lease.
If the lease payments cannot be allocated reliably between the land and the buildings, the entire lease is classified as a finance lease, unless it is clear that both
elements are operating leases (i.e. the entire lease is classified as an operating lease). [IFRS 16.B56].
An entity that leases an entire building (i.e. 100% of the building) is inherently leasing the land underneath the building and would potentially account for the land and
building as separate lease components. However, this would not necessarily be the case when an entity only leases part of the building.
Identifying and separating lease and non-lease components of a contract - Identifying and separating lease from non-lease components of a contract
Many contracts contain a lease coupled with an agreement to purchase or sell other goods or services (non-lease components). The non-lease components are identified and accounted for separately from the lease component in accordance with other standards,
unless the lessee applies the practical expedient as discussed at 3.2.2.B below. [IFRS 16.16].
For example, the non-lease components may be accounted for as executory arrangements by lessees (customers) or as contracts subject to IFRS 15 by lessors (suppliers).
Some contracts contain items that do not relate to the transfer of goods or services by the lessor to the lessee (e.g. fees or other administrative costs a lessor charges a lessee). These items are not considered separate lease or non-lease components, and lessees and lessors do not allocate consideration in the contract to these items. [IFRS 16.B33].
However, if the lessor provides goods or services, such as maintenance, supply of utilities, including operating the underlying asset for the customer (e.g. vessel charter, aircraft wet lease), the contract would generally contain non-lease components.
Identifying and separating lease and non-lease components of a contract - Identifying and separating lease from non-lease components of a contract :
Lessee reimbursements 1
Under IFRS 16, payments for maintenance activities, including common area maintenance (e.g. cleaning the common areas of a building, removing snow from a car
park for employees and customers) and other goods or services transferred to the tenant (e.g. providing utilities or rubbish removal) are considered non-lease
components because they provide the lessee with a service.
In some leases, a lessee may also reimburse (or make certain payments on behalf of) the lessor that relate to the leased asset for activities and costs that do not transfer a good or service to the lessee (e.g. payments made for real estate taxes that would be owed by
the lessor regardless of whether it leased the building and regardless of who the lessee is, payments made for insurance that protects the lessor’s investment in the asset and the landlord will receive the proceeds from any claim).
Identifying and separating lease and non-lease components of a contract - Identifying and separating lease from non-lease components of a contract :
Lessee reimbursements 2
Under IFRS 16, such costs are not separate components of the contract because they do not represent payments for goods or services and are not considered to be part of the total consideration that is
allocated to the separately identified components of the contract (i.e. the lease and nonlease components). Entities also need to evaluate whether such payments are fixed (or in-substance fixed) lease payments or variable lease payments.
Example 24.8: Activities that are not components of a lease contract
Identifying and separating lease and non-lease components of a contract - Determining and allocating the consideration in the contract lessees : Determining the consideration in the contract
IFRS 16 does not define ‘consideration’ in a contract, nor is ‘consideration’ defined in the IFRS Glossary.
However, we believe that the consideration in a contract for a lessee would include all the lease payments described at 4.5 below, as well as certain other consideration in the contract regardless of whether it is labelled as lease payments or
payments for non-lease components of a contract, including other fixed payments (e.g. monthly service charges) or in-substance fixed payments, variable payments that depend on an index or a rate, initially measured using the index or rate at the commencement date, less any incentives paid or payable to the lessee, other than those included
in lease payments.
Identifying and separating lease and non-lease components of a contract - Determining and allocating the consideration in the contract lessees : Allocating the consideration in the contract – lessees
For a contract that contains a lease component and one or more additional lease or non lease components, a lessee allocates the consideration in the contract to each lease component on the basis of the relative stand-alone price of the lease component and the aggregate stand-alone price of the non-lease components. [IFRS 16.13].
The relative stand-alone price of lease and non-lease components is determined on the basis of the price the lessor, or a similar supplier, would charge an entity for that component, or a similar component, separately. If an observable stand-alone price is not readily available, the lessee estimates the stand-alone price, maximising the use of observable information. [IFRS 16.14]. A contractually stated price may be the stand-alone price for a good or service but it is not presumed to be for accounting purposes.
Example 24.9: Allocating contract consideration to lease and non-lease components – lessees
Identifying and separating lease and non-lease components of a contract - Determining and allocating the consideration in the contract – lessors : Determining the consideration in the contract
As discussed at 3.2.3.A above, IFRS 16 does not define ‘consideration’ in a lease contract, nor is ‘consideration’ defined in the IFRS Glossary. However, we believe that the consideration in a lease contract for a lessor would include the following:
(a) lease payments as described at 4.5 below;
(b) the following other payments not labelled in the contract as lease payments:
(i) any other fixed payments (e.g. monthly service charges, non-lease components such as maintenance) or in-substance fixed payments made during the lease
term, less any incentives paid or payable to the lessee;
(ii) any other variable payments that depend on an index or a rate made during the lease term and initially measured using the index or rate at the commencement
date; and
(iii) any other variable payment amounts that would be included in the transaction price in accordance with the requirements on variable consideration in IFRS 15 that specifically relate to either of the following:
(A) the lessor’s efforts to transfer one or more goods or services that are not leases; or
(B) an outcome from transferring one or more goods or services that are not leases.
Contract combinations
An entity combines two or more contracts entered into at or near the same time with the same counterparty (or related parties of the counterparty), and accounts for the contracts as a single contract if one or more of the following criteria are met:
(a) the contracts are negotiated as a package with an overall commercial objective that cannot be understood without considering the contracts together;
(b) the amount of consideration to be paid in one contract depends on the price or performance of the other contract; or
(c) the rights to use underlying assets conveyed in the contracts (or some rights to use underlying assets conveyed in each of the contracts) form a single lease
component. [IFRS 16.B2].
The IASB developed these criteria to address concerns that separately accounting for multiple contracts may not result in a faithful representation of the combined transaction. [IFRS 16.BC130-132].
KEY CONCEPTS
Inception date of the lease (inception date)
IFRS 16 requires customers and suppliers to determine whether a contract is a lease at inception of the lease. The inception date is the earlier of the date of a lease agreement and the date of commitment by the parties to the principal terms and conditions of the lease.
[IFRS 16 Appendix A].
The underlying asset is the asset that is subject to a lease, for which the right to use that asset has been provided by a lessor to a lessee. [IFRS 16 Appendix A].