Suppose a developer proposes to provide energy to a company and does not determine how that developer provides the energy. The developer can provide energy in different ways, for example through solar production, purchased by the grid or other developers and by cogeneration. The developer can even sublet the storage space on the energy buyer`s land to place his assets for the supply of energy. This type of agreement can increasingly appear as a service contract as a lease agreement. The question is whether such a scheme can be both economically viable and meet the buyer`s business requirements. ASC 842-10-15-9 indicated that the contract must explicitly or implicitly indicate an identified asset for a contract to be a lease or lease. For a service contract to be a service contract, it should, as far as possible, avoid identifying an asset that constitutes that service. The elevation contract does not include a lease agreement. In accordance with the agreement, criterion 1 is met, with both requirements met to make the wind farm an identified asset.
The wind farm is expressly defined in the agreement and Winds-R-Us is not in a position to replace other assets to power B customers. However, criterion 2 is not met. If Customer B, as an exclusive user, receives all the economic benefits of the wind farm, it has no right to direct the use of the asset. Customer B cannot control when electricity is delivered or how much electricity is supplied. It must take all the electricity from the wind farm without the right to limit the supply of electricity. Because Criterion 2 is not met, Client B does not have a lease agreement. The impact of the new accounting standard on leasing has a significant impact on the energy and supply industry. Learn more about sectoral thinking about the new standard and how we can help with implementation. Assuming that an asset produces a form of utility that can be measured economically; For example, a railway car is used to move grain, and the contractor pays for the movement of grain on the basis of loads.
The economic benefits of the railway car are generated by the revenue generated for the movement of this grain. The party that receives the payment for the shipment is the service provider and they determine the resources that must be used to move the grain. If, as part of its function, the supplier supports a contract for the use of the railcars and also assumes the obligation to pay for the rental of the vehicles, then the contract between them and the owner is a lease agreement, even if the lease has certain maintenance elements. Customer C has entered into a three-year contract with TruckHaulCo for waste transportation services. Customer C`s production process produces waste that requires special handling; TruckHaulCo offers it through the use of special trailers for tractors, which guarantee safe transport of waste to landfill. TruckHaulCo has a fleet of 20 specialized trailers in the area where Customer C`s production site is located, and each of the 20 trailers can be used to comply with the agreement.