Client Log-in

Archive for January, 2011

Free Webinar: FAS 13 Lease Accounting Changes

Thursday, January 13th, 2011

On February 2nd at 12pm EST, KBA Lease Services and Visual Lease will host a free webinar outlining the impact on corporate real estate due to the proposed FAS 13 lease accounting changes.  Presenters include Marc Betesh, CEO of KBA Lease Services, Gary Illiano of Grant Thornton and Lou Ferro of KBA Lease Services.

“I attended KBA Lease’s FASB round table discussion in New York City and found it highly informative, says Meyer Last, Esq., Partner at Fried Frank.  “The emphasis on practical application will be greatly useful to anyone who must contend with the new rules, whether directly or as a consultant.”

Topics include:

  • Updates from FASB’s Latest Roundtable Meetings
  • What You Need to Know about the Proposed Changes
  • Modified Gross Leases – A Thing of The Past?
  • How Long is a Lease Term (Once You Count Options)?
  • How Existing Leases Will Be Treated
  • What You Can Do Now To Save Both Time and Money

Changes to FAS 13 Lease Accounting: “Not a Done Deal” (Yet)

Thursday, January 13th, 2011

Marc Betesh, President of KBA Lease Services, was a participant on the FASB/IASB’s Public Roundtable regarding the upcoming Lease Accounting changes held the afternoon of January 6, 2011.  Louis J. Ferro, CPA and Senior VP of Audit Services for KBA and Christopher Werely, Chief Operating Officer of Visual Lease attended the roundtable as observers.  The meeting agenda and a complete list of the roundtable participants can be found here.

Lessee (Tenant) Accounting

Regarding Lessee accounting changes, the primary topics of discussion concerned (1) how service costs related to lease agreements (for leases of real estate, specifically operating expenses, CAM, real estate taxes and insurance costs) should be handled and (2) how the lease term and rental payments should be calculated for purposes of determining the value of the right-of-use asset and the liability for lease payments.

Service Costs

Regarding services costs, it was pointed out that current GAAP already requires the separation of all lease and non-lease cost components. Investors/Lessors on the roundtable appeared to favor the non-separation of service costs, while lessees favored the annual expensing of those service costs that are distinct and can be easily identified.  KBA/Visual Lease believes that, consistent with current GAAP, the Boards will require the separation and expensing of certain service costs and will provide the appropriate guidance to do so.

Option Periods / Contingent Rents

Regarding the related topics concerning the determination of the lease term and rental payments to be capitalized and placed on the balance sheet, the discussion focused on whether option periods and contingent rents should be considered.  Strong arguments against considering these factors were made by several participates as, at the time of the initial measurement of the right-of-use asset and liability for lease payments, lease options and contingent rents are not legal liabilities. Marc Betesh stated that if such options/contingent rents were required to be included, at best, the calculations would be based on a significant amount of subjectivity and, at worst, possibly subject to manipulation.  Marc also stated that if they are required to be included, as the current Exposure Drafts contemplates, transactions with similar economics (e.g., exercising an option to lease additional space in your building versus leasing addition space in the building next door under a new lease) would result in different amounts reported on an entity’s balance sheet and income statement.  Other participants suggested that the current GAAP criteria requiring the lease term be “reasonably assured” and the contingent rental payments be based on a “best estimate” be maintained, rather than using the new proposal that these amounts be based on a probability weighting of the term/rents “more likely than not to occur”.

Lessor (Landlord) Accounting

Regarding Lessor accounting, several participants suggested that the Boards should exclude changes to current GAAP at this time, as there has not been any great outcry from financial statements users concerning how lessors currently measure and report their lease transactions.  In addition, other participants requested that the Boards provide further guidance concerning the accounting for leveraged leases.

Is It A Done Deal?

Finally, although the Boards received over 700 comment letters regarding the current proposed accounting changes, a discussion ensued questioning why the bigger players in the real estate industry were not more actively involved in the Exposure Draft process. It was stated that most of the industry assumes the proposed changes are a “Done Deal.” FASB board member Larry Smith emphatically stated that the changes are “Not a Done Deal” and assured all in attendance that all suggestions and opinions will be thoughtfully considered as the Boards finalize any changes to the current accounting for leases. In fact, as the roundtable concluded, the Boards stated that due to the extensive issues that needed to be contemplated, they may need to extend the project’s completion date beyond the current target of June, 2011

If you would like to further discuss KBA’s/Visual Lease’s views regarding the roundtable meeting, please contact Louis Ferro, CPA, SVP at lferro@kbalease.com, 888.750.4500 x405.

Get KBA lease tips

Learn from industry experts.

Partner with us (media half box)

Become a KBA alliance partner!

the_title

Small errors in calculation of your base year can add up to significant costs every year of the lease.

-- Maersk

Lease Tips™ Archive (Past Lease Tips)

Reduce Occupancy Costs.   Permanently.

Lease Tips Links (Media Center)

Don't Ignore the Details.

Level the Playing Field.

A True "Win-Win" Relationship.

Why Do I Need a Lease Audit Firm to Check My Bills?

What is KBA's lease audit process?

How can I avoid rent overcharges in the future?

What are the most important skills to look for in a lease audit firm?

How will auditing my lease affect my relationship with my landlord?

What can be wrong with my bills?

Do I have the right to audit my lease?

How can the timing of my lease audit affect the results?

Changing Fixed Expense Stop Mid-Term Saves Tenant $250,000

Increase of Base Year Water and Sewer Charges Saves Tenant $71,000 per Year

Reducing Landlord's Management Fees Saves Tenant $9 Million over Life of Lease

Correction of Base Year Saves Company $2.5 Million over Life of Lease

Reversing Expansion of Building Size Saves Tenant $190,000

Reduction of Freight Elevator Charges Saves Tenant $320,000

Correcting Measurement of Office Space Saves Tenant $187,000

Publishing Company Saves $57,000 per Year by Negotiating Lower Telecom Rates

Correction of Drafting Error Saves Tenant $1.5 Million

123

Correction of Porters' Wage Escalation Saves Bank $1.4 Million

– JP Morgan Chase

Federal Reserve Bank of New York

– AXA Financial Services

Marc E. Betesh, Esq., MCR.h – President and CEO

Louis J. Ferro, CPA – Senior Vice President, Audit Services

– United Technologies

– Interpublic

Kevin Hurley, Esq. – Associate General Counsel

Jason Aster, Esq. – Vice President

Anna Maria Ronquillo – Vice President, Client Solutions

Negotiation Skills: The Most Important Ingredient in Lease Auditing

Carefully Constructed Rent Escalation Clauses Help Avoid Landlord-Tenant Disputes

Measurement of Square Footage

Negotiating Lease Audit Rights

Capital Expenditures – Includable or Not?

Demystifying the Difference between Net and Gross Leases

Sarbanes-Oxley and Control of Corporate Real Estate Leases

Audit Deadlines Come in All Forms

Cost-Reducing Capital Expenditures

Lease Auditing: What Is It and How Does It Work?

Criteria for Selecting a Lease Audit Firm

Protecting Yourself in Base Year Leases

Prepare Your Budgets Properly

Reminder: The Clock Is Ticking…

Don’t Pay Twice for a Better Building

Don’t Get Shocked by Your Electric Charges

What Happened to that Great Lease You Negotiated?

Due Diligence: The Foundation of Lease Auditing

It’s That Time of Year Again

Stop Giving Away Your Audit Rights

Expense Escalation Caps

Commercial Lease Occupancy Cost Measurement

Lease Administration vs. Lease Auditing

Which Leases Are Good Candidates for Audit? — How to Identify the Key Indicators

Succumbing to Landlord Pressure to Limit Lease Audit Rights

Checklist for Negotiating a Fair Lease Audit Provision

Protect Audit Rights

Read KBA's LeaseTip on why audit rights restrict rather than expand your right to audit.

Take Control

Getting started is very easy. Send us your leases and bills and we'll do the rest.

Why KBA

A practical business approach, supported by our best-in-class legal expertise, yields better results.

Why audit your leases

Lease audits help control some of your largest and most critical expenses.

Partner with us (Contact KBA page)

Become a KBA Alliance Partner!

Management Fees (Case Study)

KBA reduced management fees and saved publishing company $9 million over the life of its lease.

Freight Elevator (Case Study)

Case Study on how KBA reduced freight elevator charges and saved a trading firm $320,000.

Drafting Error (Case Study)

Case Study on how KBA corrected a drafting error and saved a telecom company $1.5 million.

Protect Audit Rights (LeaseTip #1714)

KBA LeaseTip that explains how audit rights restrict rather than expand a tenant's right to audit.

Fair Audit Clause (leasetip #161)

Read KBA's LeaseTip: Checklist for negotiating a fair lease audit provision.

Net vs. Gross Leases (LeaseTip #1719)

Read KBA's LeaseTip on the differences between Net and Gross leases.

Preserve Audit Rights (LeaseTip #1785)

Most leases limit your time to commence an audit. This KBA Lease Tip™ outlines key steps needed to meet deadlines.

Escalation Caps (LeaseTip #230)

Read KBA's LeaseTip on the key differences between cumulative and compounded caps.

the_title

Great results. Very professional with clear and excellent follow-up.

--Federal Reserve Bank NY

the_title

We were very impressed. Very professional with clear and excellent follow-up.

--Federal Reserve Bank NY

the_title

Great job! Very professional and responsive!

--United Technologies

the_title

KBA is by far one of the most effective lease audit firms we have ever used.

-- JP Morgan Chase

Celebrating 25 Years

KBA invented lease auditing in 1985 and continues to lead the industry.

No Contingency Fees?

Does your lease prohibit contingency fees? KBA has programs to enable you to audit your leases with minimal risk.

CPA Only Restriction?

Learn and comment on the proposed lease accounting changes.

– Saatchi & Saatchi

the_title

KBA provided us with a variety of solution options and were patient as we selected the one that worked best for us.

-- Saatchi & Saatchi

the_title

KBA has been fantastic. They've helped us with everything from lease questions to audits and negotiations.

-- Oracle

the_title

Small errors in calculation of your base year can add up to significant costs every year of the lease.

- Maersk

Douglas A. Zastrow – Chief Financial Officer

Read KBA’s Blog!

Read recent blog postings.

Follow KBA on Twitter!

Follow KBA on Twitter!

the_title

KBA is by far one of the most effective lease audit firms we have ever used.

– JP Morgan Chase

Case studies link (Media Center)

FAQs Link (Media Center)

Publication Probate (Media Center Link)

NJBiz (Media Center Link)

Sign up for Lease Tips (media half box)

Sign up for Lease Tips

No Trial and Error

KBA has reviewed more than 50,000 leases and has successfully settled more than 10,000 cases.

Blog (Media Center Top Link)

KBA Lease Services Unveils New Website

Follow KBA Lease Services on Twitter

Subscribe by Email

Receive KBA's Lease Audit Blog

Methods of Building Measurement

KBA and PRG-Schultz Form Strategic Alliance to Expand Profit Recovery Capabilities

Cost-Conscious Tenants Turn to Lease Audits to Keep Occupancy Costs in Line

6 Reasons to Check Your Lease’s Operating Expense Bill

6 Reasons to Check Your Lease’s Operating Expense Bill

Reviewing Your Lease’s Operating Expense Bill

6 reasons why tenants should increase their vigilance with respect to operating expenses and other pass-through charges.

– BNY Mellon

the_title

Never before have I had such a pleasant experience with lease audits. You make it so easy!

-- Eastman Kodak

Marc E. Betesh Wins Excellence in Writing Award

Failing to Audit Last Year’s Expenses Can Cost You Years of Rent Overcharges

Marc E. Betesh to Speak at CoreNet Global Summit

Your Landlord’s CPA Certification is Not Enough

the_title

KBA provided excellent communication and their follow-through was like clockwork!

-- CIT

Marc E. Betesh to Speak at CoreNet Summit in Phoenix

The Impact on Corporate Real Estate of Lease Accounting Changes under GAAP

Help Comment on the FASB/IASB Lease Accounting Changes

Top 10 FASB/IASB Lease Accounting Resources

Join Us For A Free FASB Lease Accounting Roundtable

KBA’s President Marc Betesh Featured in Retail Traffic Magazine

Changes to FAS 13 Lease Accounting: “Not a Done Deal” (Yet)

Free Webinar: FAS 13 Lease Accounting Changes

Marc Betesh to Speak at SIOR about Proposed Lease Accounting Changes

Lease Accounting Webinar Stream

Podcast: Upcoming Lease Accounting Changes

Test sidebar

Podcast: KBA Lease Services & Proposed FASB Lease Accounting Changes

FASB Lease Accounting UPDATE: Our Voices Are Being Heard!

International Facility Management Association (IFMA) and KBA Host Joint Webinar

Video: Marc Betesh Talking FASB with Duke Long

Video: KBA’s Lease Management Software Works On iPad

Law Firm Webinar Stream

FASB Q&A with Realtor Magazine

Video: Marc Betesh Talking FASB with Duke Long

FASB Lease Accounting UPDATE: The Fat Lady Refuses to Sing!

Grossing Up Operating Expenses in Commercial Leases

FASB Update:  Lease Accounting Changes Further Delayed

SIOR NJ – Andrew Zezas Interview of Marc Betesh regarding Impending FASB Lease Accounting Changes

Video:  FASB Lease Accounting Changes Set to Impact Public and Private Companies

Video:  Andrew Zezas Interview of Marc Betesh regarding FASB Lease Accounting Changes

It’s My Mistake, But You Fix It!

Before You Move Into an Empty Building, Know This

Your Landlord is Getting Over on You.

FASB / IASB Lease Accounting Changes – Don’t Worry, Be Happy!