§ 32.2681   Capital leases.

   (a) This account shall include all property acquired under a capital lease.
   A lease qualifies as a capital lease when one or more of the following
   criteria is met:

   (1)  By the end of the lease term, ownership of the leased property is
   transferred to the leasee.

   (2) The lease contains a bargain purchase option.

   (3) The lease term is substantially (75% or more) equal to the estimated
   useful life of the leased property. However, if the beginning of the lease
   term falls within the last 25% of the total estimated economic life of the
   leased property, including earlier years of use, this criterion shall not be
   used for purposes of classifying the lease.

   (4) At the inception of the lease, the present value of the minimum lease
   payments, excluding that portion of the payments representing executory
   costs to be paid by the lessor, including any profit thereon, equals or
   exceeds 90% or more of the fair value of the leased property. However, if
   the beginning of the lease term falls within the last 25% of the total
   estimated economic life of the leased property, including earlier years of
   use, this criterion shall not be used for purposes of classifying the lease.

   (b) All other leases are operating leases.

   (c) The amounts recorded in this account at the inception of a capital lease
   shall be equal to the original cost, if known, or to the present value not
   to exceed fair value, at the beginning of the lease term, of minimum lease
   payments during the lease term, excluding that portion of the payments
   representing executory costs to be paid by the lessor, together with any
   profit thereon.

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