IFRIC 4

IFRIC Interpretation 4

Determining whether an Arrangement

contains a Lease

This version includes amendments resulting from IFRSs issued up to 31 December 2009.

IFRIC 4 Determining whether an Arrangement contains a Lease was developed by the International
Financial Reporting Interpretations Committee and issued by the International
Accounting Standards Board in December 2004.

IFRIC 4 and its accompanying documents have been amended by the following IFRSs:
• IFRIC 12 Service Concession Arrangements (issued November 2006)

• IFRS 9 Financial Instruments (issued November 2009)*

* effective date 1 January 2013 (earlier application permitted)

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CONTENTS
paragraphs

IFRIC INTERPRETATION 4
DETERMINING WHETHER AN ARRANGEMENT CONTAINS A LEASE
REFERENCES
BACKGROUND 1–3
SCOPE 4
ISSUES 5
CONSENSUS 6–15
EFFECTIVE DATE 16–16A
TRANSITION 17
APPENDIX
Amendments to IFRS 1 First-time Adoption of
International Financial Reporting Standards

FOR THE ACCOMPANYING DOCUMENTS LISTED BELOW, SEE PART B OF THIS EDITION

ILLUSTRATIVE EXAMPLES
Example of an arrangement that contains a lease IE1–IE2
Example of an arrangement that does not contain a lease IE3–IE4
BASIS FOR CONCLUSIONS

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IFRIC Interpretation 4 Determining whether an Arrangement contains a Lease (IFRIC 4) is set

out in paragraphs 1–17 and the Appendix. IFRIC 4 is accompanied by illustrative
examples and a Basis for Conclusions. The scope and authority of Interpretations are
set out in paragraphs 2 and 7–17 of the Preface to International Financial Reporting Standards.

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IFRIC Interpretation 4
Determining whether an Arrangement contains a Lease

References

• IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors

• IAS 16 Property, Plant and Equipment (as revised in 2003)

• IAS 17 Leases (as revised in 2003)

• IAS 38 Intangible Assets (as revised in 2004)

• IFRIC 12 Service Concession Arrangements

Background

1 An entity may enter into an arrangement, comprising a transaction or a series of

related transactions, that does not take the legal form of a lease but conveys a
right to use an asset (eg an item of property, plant or equipment) in return for a
payment or series of payments. Examples of arrangements in which one entity
(the supplier) may convey such a right to use an asset to another entity
(the purchaser), often together with related services, include:

• outsourcing arrangements (eg the outsourcing of the data processing

functions of an entity).

• arrangements in the telecommunications industry, in which suppliers of

network capacity enter into contracts to provide purchasers with rights to
capacity.

• take-or-pay and similar contracts, in which purchasers must make specified

payments regardless of whether they take delivery of the contracted
products or services (eg a take-or-pay contract to acquire substantially all of
the output of a supplier’s power generator).

2 This Interpretation provides guidance for determining whether such

arrangements are, or contain, leases that should be accounted for in accordance
with IAS 17. It does not provide guidance for determining how such a lease
should be classified under that Standard.

3 In some arrangements, the underlying asset that is the subject of the lease is a
portion of a larger asset. This Interpretation does not address how to determine
when a portion of a larger asset is itself the underlying asset for the purposes of
applying IAS 17. Nevertheless, arrangements in which the underlying asset
would represent a unit of account in either IAS 16 or IAS 38 are within the scope
of this Interpretation.

Scope

4 This Interpretation does not apply to arrangements that:

(a) are, or contain, leases excluded from the scope of IAS 17; or

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(b) are public-to-private service concession arrangements within the scope of

IFRIC 12.

Issues

5 The issues addressed in this Interpretation are:

(a) how to determine whether an arrangement is, or contains, a lease as

defined in IAS 17;

(b) when the assessment or a reassessment of whether an arrangement is, or

contains, a lease should be made; and

(c) if an arrangement is, or contains, a lease, how the payments for the lease
should be separated from payments for any other elements in the
arrangement.

Consensus

Determining whether an arrangement is, or contains, a lease

6 Determining whether an arrangement is, or contains, a lease shall be based on the
substance of the arrangement and requires an assessment of whether:

(a) fulfilment of the arrangement is dependent on the use of a specific asset or

assets (the asset); and

(b) the arrangement conveys a right to use the asset.

Fulfilment of the arrangement is dependent on the use of a specific

asset
7 Although a specific asset may be explicitly identified in an arrangement, it is not
the subject of a lease if fulfilment of the arrangement is not dependent on the use
of the specified asset. For example, if the supplier is obliged to deliver a specified
quantity of goods or services and has the right and ability to provide those goods
or services using other assets not specified in the arrangement, then fulfilment of
the arrangement is not dependent on the specified asset and the arrangement
does not contain a lease. A warranty obligation that permits or requires the
substitution of the same or similar assets when the specified asset is not operating
properly does not preclude lease treatment. In addition, a contractual provision
(contingent or otherwise) permitting or requiring the supplier to substitute other
assets for any reason on or after a specified date does not preclude lease treatment
before the date of substitution.

8 An asset has been implicitly specified if, for example, the supplier owns or leases
only one asset with which to fulfil the obligation and it is not economically
feasible or practicable for the supplier to perform its obligation through the use
of alternative assets.

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Arrangement conveys a right to use the asset

9 An arrangement conveys the right to use the asset if the arrangement conveys to
the purchaser (lessee) the right to control the use of the underlying asset.
The right to control the use of the underlying asset is conveyed if any one of the
following conditions is met:

(a) The purchaser has the ability or right to operate the asset or direct others to
operate the asset in a manner it determines while obtaining or controlling
more than an insignificant amount of the output or other utility of the
asset.

(b) The purchaser has the ability or right to control physical access to the
underlying asset while obtaining or controlling more than an insignificant
amount of the output or other utility of the asset.

(c) Facts and circumstances indicate that it is remote that one or more parties
other than the purchaser will take more than an insignificant amount of
the output or other utility that will be produced or generated by the asset
during the term of the arrangement, and the price that the purchaser will
pay for the output is neither contractually fixed per unit of output nor
equal to the current market price per unit of output as of the time of
delivery of the output.

Assessing or reassessing whether an arrangement is, or

contains, a lease
10 The assessment of whether an arrangement contains a lease shall be made at the
inception of the arrangement, being the earlier of the date of the arrangement
and the date of commitment by the parties to the principal terms of the
arrangement, on the basis of all of the facts and circumstances. A reassessment
of whether the arrangement contains a lease after the inception of the
arrangement shall be made only if any one of the following conditions is met:

(a) There is a change in the contractual terms, unless the change only renews
or extends the arrangement.

(b) A renewal option is exercised or an extension is agreed to by the parties to

the arrangement, unless the term of the renewal or extension had initially
been included in the lease term in accordance with paragraph 4 of IAS 17.
A renewal or extension of the arrangement that does not include
modification of any of the terms in the original arrangement before the
end of the term of the original arrangement shall be evaluated under
paragraphs 6–9 only with respect to the renewal or extension period.

(c) There is a change in the determination of whether fulfilment is dependent

on a specified asset.

(d) There is a substantial change to the asset, for example a substantial

physical change to property, plant or equipment.

11 A reassessment of an arrangement shall be based on the facts and circumstances

as of the date of reassessment, including the remaining term of the arrangement.
Changes in estimate (for example, the estimated amount of output to be delivered
to the purchaser or other potential purchasers) would not trigger a reassessment.

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If an arrangement is reassessed and is determined to contain a lease (or not to

contain a lease), lease accounting shall be applied (or cease to apply) from:

(a) in the case of (a), (c) or (d) in paragraph 10, when the change in
circumstances giving rise to the reassessment occurs;

(b) in the case of (b) in paragraph 10, the inception of the renewal or extension
period.

Separating payments for the lease from other payments

12 If an arrangement contains a lease, the parties to the arrangement shall apply the
requirements of IAS 17 to the lease element of the arrangement, unless exempted
from those requirements in accordance with paragraph 2 of IAS 17. Accordingly,
if an arrangement contains a lease, that lease shall be classified as a finance lease
or an operating lease in accordance with paragraphs 7–19 of IAS 17. Other
elements of the arrangement not within the scope of IAS 17 shall be accounted for
in accordance with other Standards.

13 For the purpose of applying the requirements of IAS 17, payments and other
consideration required by the arrangement shall be separated at the inception of
the arrangement or upon a reassessment of the arrangement into those for the
lease and those for other elements on the basis of their relative fair values.
The minimum lease payments as defined in paragraph 4 of IAS 17 include only
payments for the lease (ie the right to use the asset) and exclude payments for
other elements in the arrangement (eg for services and the cost of inputs).

14 In some cases, separating the payments for the lease from payments for other
elements in the arrangement will require the purchaser to use an estimation
technique. For example, a purchaser may estimate the lease payments by
reference to a lease agreement for a comparable asset that contains no other
elements, or by estimating the payments for the other elements in the
arrangement by reference to comparable agreements and then deducting these
payments from the total payments under the arrangement.

15 If a purchaser concludes that it is impracticable to separate the payments reliably,

it shall:

(a) in the case of a finance lease, recognise an asset and a liability at an

amount equal to the fair value of the underlying asset that was identified
in paragraphs 7 and 8 as the subject of the lease. Subsequently the liability
shall be reduced as payments are made and an imputed finance charge on
the liability recognised using the purchaser’s incremental borrowing rate
of interest.*

(b) in the case of an operating lease, treat all payments under the arrangement
as lease payments for the purposes of complying with the disclosure
requirements of IAS 17, but

(i) disclose those payments separately from minimum lease payments of

other arrangements that do not include payments for non-lease
elements, and

* ie the lessee’s incremental borrowing rate of interest as defined in paragraph 4 of IAS 17.

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(ii) state that the disclosed payments also include payments for non-lease
elements in the arrangement.

Effective date

16 An entity shall apply this Interpretation for annual periods beginning on or after
1 January 2006. Earlier application is encouraged. If an entity applies this
Interpretation for a period beginning before 1 January 2006, it shall disclose that
fact.

16A An entity shall apply the amendment in paragraph 4(b) for annual periods
beginning on or after 1 January 2008. If an entity applies IFRIC 12 for an earlier
period, the amendment shall be applied for that earlier period.

Transition

17 IAS 8 specifies how an entity applies a change in accounting policy resulting from
the initial application of an Interpretation. An entity is not required to comply
with those requirements when first applying this Interpretation. If an entity uses
this exemption, it shall apply paragraphs 6–9 of the Interpretation to
arrangements existing at the start of the earliest period for which comparative
information under IFRSs is presented on the basis of facts and circumstances
existing at the start of that period.

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Appendix
Amendments to IFRS 1 First-time Adoption of
International Financial Reporting Standards
The amendments in this appendix shall be applied for annual periods beginning on or after
1 September 2004. If an entity applies this Interpretation for an earlier period, these amendments shall
be applied for that earlier period.

*****

The amendments contained in this appendix when this Interpretation was issued in 2004 were
incorporated into IFRS 1 as issued on and after 2 December 2004. In November 2008 a revised version of
IFRS 1 was issued.

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