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What is a Tax-Exempt Lease?
Today's Emergency Services administrators face a diverse
array of budgetary and operating challenges. As budgets
and resources are reduced at the local level, funding
the immediate and long term needs of your community
becomes more difficult.
The need for financing to purchase new equipment and
facilities is growing.
Tax-exempt lease financing is one of the most successful
methods used to purchase equipment while improving the
management of cash flow. The tax-exempt feature of lease-purchase
financing is proven to be beneficial to emergency servicess
across the country.
A tax-exempt lease is the most common financing method
used in the purchasing of fire trucks, stations and
loose equipment. This type of financial instrument is
also referred to as "government lease-purchase"
and/or a "municipal lease". While they are
documented as a lease, they have characteristics similar
to a loan in that they own it at the end and they can
be paid-off early if desired.
The interest earnings under a properly structured and
documented lease is exempt from federal income tax under
the same tax laws that enable a municipal bond to carry
a tax-exempt rate. Because the lessor does not pay federal
tax on the interest earned, the tax-exempt lease carries
a much lower interest rate than other kinds of leases
and installment loans thus significantly lowering the
cost of financing for the borrower.
These financing vehicles are structured as a lease
to accommodate the fiscal funding restrictions of political
subdivisions. In most cases, their obligation terminates
if the department fails to appropriate funds to make
the renewal year's lease payments. Because of this provision,
neither the lease nor the lease payments are considered
debt. Non-appropriation is not an event of default but
the emergency service may lose the asset.
Tax-exempt leases make the acquisition of large equipment
affordable to all emergency services.
Structure and Terms
Lease Terms:
Trucks: Up to 15 years
Stations: Up to 20 years (30 years for some projects)
Payment Structure:
Payment Frequency: Annual, Semi-Annual, Quarterly, or
Monthly
First Payment due Date: Up to one year after delivery
Who Qualifies?
Under Section 103 of the Internal Revenue Code, the
following types of government agencies are eligible
for tax-exempt financing with some exceptions:
Cities and Towns
Counties
States
Volunteer Fire Departments (trucks and stations only)
Fire Districts
What can be Leased?
Personal Property Including: Fire Trucks, Rescue Trucks,
Staff Vehicles, and Loose Equipment
Real Property Including: Fire Stations, Training Facilities
and Administrative offices (Renovations and Add-on Projects)
Note: Only fire trucks and stations qualify for tax-exempt
financing with volunteer fire departments.
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