Relief for Private Companies For Variable Interest Entities?

Posted on

Author: Matthew O. McDonald, CPA, CFE | Partner | Real Estate & Construction Industry Team

On March 20, 2014, the Financial Accounting Standards Board endorsed a consensus from the Private Company Council issued revised guidance in assessing and accounting for variable interest entities (“VIE”) to certain common control leasing arrangements. Specifically, the new guidance removes the requirement to apply VIE guidance for common control leasing arrangements when certain conditions are met.

This is good news for real estate entities that may have gotten caught up in the previous VIE rules due to common ownership and guarantee arrangements.  Careful analysis should be made to those relationships but clearly the new rules will help to relieve the existing VIE rules for those private company entities.

These changes allow a private company lessee to elect an alternative not to apply VIE guidance to a lessor when:

  • The private company lessee and the lessor are under common control,
  • The private company lessee has a leasing arrangement with the lessor,
  • Substantially all of the activity between the private company lessee and the lessor is related to the leasing activities (including supporting leasing activity) between those two companies, and
  • If the private company lessee explicitly guarantees or provides collateral for any obligation of the lessor related to the asset leased by the private company, then the principal amount of the obligation at inception does not exceed the value of the asset leased by the private company from the lessor.

If elected, the accounting alternative should be applied to all leasing arrangements meeting the above conditions.

Under this alternative, a private company lessee is not required to provide VIE disclosures about the lessor entity. The private company, however, is required to disclose:

  • The amounts and key terms of liabilities recognized by the lessor entity that expose the private company lessee to providing financial support to the lesser entity,
  • A qualitative description of circumstances not recognized in the financial statements of the lessor entity that expose the private company lessee to providing financial support to the lessor entity.
  • These disclosures under this alternative are   in addition to other disclosure requirements under generally accepted accounting principles, such as related party disclosures, lease disclosures, and guarantee disclosures.

These revised rules are effective for periods beginning after December 15, 2014, but allows for early application for any period for which a private company’s annual or interim financial statements have yet been made available for issuance.

Questions? Contact your Keiter representative or | 804.747.0000


Source: FASB

About the Author

Matt has over 20 years in public accounting providing audit, tax, consulting services, and financial forensic investigations for a variety of businesses, including multi-state privately held businesses and companies with single location operations. Areas of specialization include the multi-family housing industry, real estate, construction, not-for-profit organizations, retail, and manufacturing clients. Read more of Matt’s accounting insights on our blog.

More Insights from Matthew O. McDonald, CPA/CFF, CFE

The information contained within this article is provided for informational purposes only and is current as of the date published. Online readers are advised not to act upon this information without seeking the service of a professional accountant, as this article is not a substitute for obtaining accounting, tax, or financial advice from a professional accountant.


How Can We Help You and Your Business?

Innsbrook Corporate Center
4401 Dominion Boulevard
Glen Allen, Virginia 23060

804.747.0000 or 804.273.6200