Episode 2: Municipal Lease Financing - questions and answers
Questions and Answers
Municipal Lease Financing can take several forms depending on state and local laws. They come in widely varying amounts, ranging from a few thousand dollars to several million. And they are usually short term, from three to eight years.
From a strict legal standpoint, a municipal lease is not really a "lease". The equipment is not rented and used for a time and then returned to the owner, but actually is bought by the municipality and paid for over time. The municipality owns the equipment, subject to a lien.
The municipality only borrows the money used to acquire it. The principal and the tax-free interest on the remaining balance are then repaid periodically, usually in equal amounts over a fixed period of time. Payments are made in advance or arrears, often on a monthly basis, but sometimes quarterly, semi-annually or annually.
State and local governments use municipal leases to acquire everything from cars, trucks and emergency vehicles to computers, other office equipment and even buildings. Virtually any piece of equipment that is needed by a municipality can be purchased using a municipal lease.
What is a Municipal Lease / Purchase Agreement? A Tax-Exempt Municipal Lease / Purchase Agreement is essentially an installment sale contract that fully amortizes during the term of the Agreement. There is no balloon payment or purchase option at the end. The Lessee owns it from day one. The issuer (lessee) is able to acquire and utilize equipment or facilities and pay for them over a specified time period. If structured properly, the interest portion of the lease payment is exempt from federal and state income tax, resulting in low tax-exempt interest rates to the borrower.
Why is a Municipal Lease / Purchase generally not considered debt? A Municipal Lease/Purchase Agreement is a yearly obligation renewable at the option of the lessee. The obligation is subject to the annual appropriation of funds by the borrower. If funds are not appropriated in a given year, the Municipal Lease / Purchase Agreement may be terminated. While voter approval is generally not required for a public agency to enter into a Municipal Lease / Purchase Agreement, terms of the transaction are fully disclosed in their annual audited financial statements. Due to a non-appropriation clause in the contract, payments are considered an operating expense rather than debt.
Who is eligible to utilize tax-exempt leasing? Basically, any municipality or political subdivision who can issue tax-exempt securities may utilize tax-exempt leasing. Examples: State & Local government agencies, special assessment districts, public hospitals, fire districts (including volunteer departments), public transit districts, school districts, etc. The interest can also be done at a taxable rate.
Why should Government Officials consider Lease / Purchase Agreements? Lease / Purchase Agreements should be used to compliment, rather than replace, traditional bond financing. Many times Lease / Purchase Agreements can be a more timely, efficient, and cost effective means of financing essential equipment and facilities. In addition to the low cost of issuance, uncomplicated financing documents save both administrative and legal expenses. For issuers expecting to do multiple transactions over a period of time, additional savings can be attained by use of an Advance Payment / Purchase Agreement.
What type of equipment should I consider leasing? Virtually any type of essential use equipment may qualify for a Lease / Purchase Agreement. In general, terms may be offered from two to ten years or more, depending on the useful life of the asset. Compound Profit’s Municipal Lease program allows state and local governments to acquire everything from cars, trucks, and emergency vehicles to computers and office equipment and even buildings.
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equipment financing, line of credit, municipal lease financing, municipal leasing
line of credit, municipal lease financing, equipment financing, municipal leasing