Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Over the last year, it has become obvious that there must be a fundamental shift in the way large-ticket leasing companies look at their tax shelter businesses. This article will examine what has brought about this shift and how lessors will find ways to cope with it.
In the 70s, 80s and early 90s, the large-ticket equipment leasing business consisted mainly of investments in equipment transactions wherein lessors bought and then leased equipment to corporate lessees. This business was fairly basic wherein corporations, which for one reason or another could not use tax benefits, would sell a piece of equipment to a lessor and lease it back, in essence trading tax benefits for a lower after-tax cost of financing. As companies became profitable in the mid- to late-90s, corporate users of equipment required less of the aforementioned financings. Companies discovered that they could make more efficient use of the tax benefits themselves than by trading them through leases. This led to lessors looking for new types of transactions where they could still generate tax benefits from equipment financings, and lessors found a new market in tax-exempt entities. While the corporate transactions of the earlier era relied on the credit of the lessee directly, transactions to the tax-exempt entities generally involved some form of credit enhancement in addition to the credit of the lessee. Although the lessee was always primarily liable, credit committees of investors required support for the credit of the lessee.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
This article explores legal developments over the past year that may impact compliance officer personal liability.