(ii) waiver. Notwithstanding the provisions of paragraph (f) (7) (i) of this section, the new ader and the new lessor (in the event of a replacement of a new lessor) or the new landlord and permanent lessor (in the event of a sale, exchange or other provision of a landlord of property subject to a lease agreement) may, in appropriate cases, invite the Commissioner to treat the transaction as if it were a substantial change to the provisions of point f) (4) section, and see item 1.467 to 7 (g) (1), the transaction applies. Example 5 – The initial free incentive A Co entered into an agreement to lease office space for a fixed period of five years on 1 April 2009. As an incentive to use the offices, a rent-free period was included in the contract in the first year, under which A Co must pay an annual rent of $36,000. How will the lease be accounted for in the past year on March 31, 2010? Solution The total cost of renting the offices is $144,000 ($36,000 4 years). Despite a “no lease” period, the total cost of the lease should be cross-referenced with the period during which it relates. Therefore, in year 1: (ii) Section 467 Appropriate Interest Leases. Except in the case of a Section 467 lease, which is a disqualified or long-term lease, where a section 467 lease is subject to reasonable interest. 1.467-2 (b) (1) (i) (no deferred or prepaid rent agreements) or 1.467-2 (b) (1) (agreements with reasonable interest, shown at a fixed price), the fixed rate for a lease term is the amount of interest provided in the lease agreement for the period. (10) Adjustment is based on an appropriate price index when the adjustment reflects inflation or deflation that occurs during the term of the lease and is established consistently using a generally accepted index of inflation or deflation (e.g.
B the average of non-seasonally adjusted cities in the United States all consumer price indices for all urban consumers (CPI-U) published by the Bureau of Labor Statistics of the Ministry of Labor). An adjustment will not fail, as a reasonable price index, simply because the adjustment may be limited to a fixed percentage, but only if the parties reasonably expect from a date between the date of the contract and the date of the lease (or, if the date of the contract is identical to the rental date, from that date) that the fixed percentage actually limits the amount of rent that must be paid for less than 50 percent of the duration of the lease. (E) When an agreement contains a variable rate provision (in accordance with paragraph h(16) of this section, the amount described in paragraph (c) (4) (i) of this section is determined by using fixed interest substitutes (determined in the same way as Article 1.1275-5 e) which treats the date of the agreement as the date of issuance) for variable rates applicable to the lessor`s debt. i) basic rules. Paragraph (c) of this section contains rules for determining whether a lease is a section 467 lease. Paragraphs (d) and (e) of this section contain provisions relating to the setting of the amount of rent or interest to be taken into account by a landlord and tenant under a tenancy agreement under Section 467. Paragraphs (f) at h) and j) in this section contain different definitions and specific rules for the application of the regulations covered by Section 467.