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Identifying A Lease Contract Cases

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1st step: Is there an identified asset?

Case 1: Customer X enters into a five year contract with Supplier Y for the use of rolling stock
specifically designed for Customer X. The rolling stock is designed to transport materials used in
Customer X’s production process and is not suitable for use by other customers. The rolling stock
is not explicitly specified in the contract, but Supplier Y owns only one rolling stock that is suitable
for Customer X’s use. If the rolling stock does not operate properly, the contract requires Supplier
Y to repair or replace the rolling stock. Assume that Supplier Y does not have a substantive
substitution right.

Case 2: Customer X enters into a five year contract with Supplier Y for the use of a car. The
specification of the car is contained in the contract (brand, type, colour, options, etc.). At inception
of the contract the car is not yet built.

Case 3: Customer X enters into a 12-year contract with Supplier Y for the right to use three fibres
within a fibre optic cable between New York and London. The contract identifies three of the
cable’s 20 fibres for use by Customer X. The three fibres are dedicated solely to Customer X’s
data for the duration of the contract term. Assume that Supplier Y does not have a substantive
substitution right.

Case 4: Customer X enters into a five-year contract with Supplier Y for the right to transport oil
from Country A to Country B through Supplier Y’s pipeline. The contract provides that Customer
X will have the right to use 95% of the pipeline’s capacity throughout the term of the arrangement.

Case 5: Assume the same facts as in Case 4, except that Customer X has the right to use 60% of
the pipeline’s capacity throughout the term of the arrangement.

2nd step: Does the customer have the right to obtain substantially all of the economic benefits from
the use of the asset throughout the period of use?

Case 1: Customer X enters into a five year contract with Supplier Y for the use of rolling stock
specifically designed for Customer X. The rolling stock is designed to transport materials used in
Customer X’s production process and is not suitable for use by other customers. The rolling stock
is not explicitly specified in the contract, but Supplier Y owns only one rolling stock that is suitable
for Customer X’s use. If the rolling stock does not operate properly, the contract requires Supplier
Y to repair or replace the rolling stock. Assume that Supplier Y does not have a substantive
substitution right.

3rd step: Who has the right to direct how and for what purpose the asset is used throughout the
period of use?

Case 1: Customer X enters into a contract with Supplier Y to use a vehicle for a three year period.
The vehicle is identified in the contract. Supplier Y cannot substitute another vehicle unless the
specified vehicle is not operational (e.g. it breaks down). Under the contract:

• Customer X operates the vehicle (i.e. drives the vehicle) or directs others to operate the vehicle
(e.g. hires a driver);

• Customer X decides how to use the vehicle (within contractual limitations, discussed below). For
example, throughout the period of use, Customer X decides where the vehicle goes as well as
when or whether it is used and what it is used for. Customer X can also change these decisions
throughout the period of use; and

• Supplier Y prohibits certain uses of the vehicle (e.g. moving it overseas) and modifications to the
vehicle to protect its interest in the asset.

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