Residual ownership rights

Which party holds the risk of ownership of the asset at the end of the lease term is an important issue in determining the likely accounting classification. It is not, however, an absolute test, as there may be other risks in the service contract that offset the risk of ownership that may be borne by the lessee. The following table summarises the likely classification depending upon the Government's contractual position at the end of the partnership contract.

Government position at end of contract

Residual value risk to the Government

Residual value risk to the owner/lessor

Likely classification

1. Is not obliged to acquire asset

None

Full RV risk to:

- Condition

- Changes in market value

Operating lease

2. Is obliged to acquire the asset but at market value

None

As above

Operating lease

3. Asset automatically reverts for nil consideration, but in defined condition

RV risk relating to change in market value

Cost risks due to poor condition

Uncertain - may depend on other factors

4. Must acquire asset at a fixed price

Full RV risk

None

Finance lease

5. Automatic reversion for nil consideration

Full RV risk

None

Finance lease