Financing Via Off-Balance Sheet Options

Off-Balance Sheet Options, Off-Balance Sheet Financing (OBSF)When it comes to business needs, securing financing is a top priority, particularly when starting out or for ongoing needs such as making payroll or paying for inventory. This financing could include a loan or securing an ongoing credit line, and businesses can do that through Off-Balance Sheet Financing (OBSF).

Defining OBSF

Off-Balance Sheet Financing is an accounting practice whereby businesses document liabilities or assets on their books but do not reflect them on their balance sheet. It’s important to note that while they’re not reflected on the business’ balance sheet, if their disclosure meets generally accepted accounting principles (GAAP), it’s legal. If select transactions aren’t on the company’s balance sheet, these transactions are generally found in a company’s financial statements via notes. If, however, company employees conceal material information from investors, then it becomes illegal. As the Federal Deposit Insurance Corporation (FDIC) and the U.S. Securities and Exchange Commission (SEC) lay out, financial statements also may contain references to lease expenses, rentals, or partnerships.

Why Companies Use OBSF

Businesses use this type of accounting to manage their debt usage. Along with reducing interest rates for commercial loans, businesses can lower their leverage and debt-to-equity ratios, reducing the chances of default and encouraging outside investment. This is even more advantageous to help companies obtain financing if they have debt covenants.   

In reaction to the Financial Accounting Standards Board’s (FASB) discovery of operating leases regarding OBSF of more than $1.25 trillion for lease accounting, it changed the requirement for OBSF in February 2016 to mandate U.S. public companies to record “right-of-use assets and liabilities from leases on balance sheets” per 2016-02 ASC 842, coming into force in 2019. Based on the publication “Accounting Standards Update No 2016-02 Leases (Topic 842) p. 1,” footnotes were mandated for greater transparency.

How OBSF Works

OBSF moves select assets, liabilities, or transactions away from their balance sheets. It’s done to attract investors or when a company has a ton of debt yet needs to borrow additional capital to fund operations. This can provide companies with more favorable lending rates. Such transactions are either moved to subsidiaries or via special purpose vehicles. The questionable assets are still there but are simply listed on related monetary documentation.

Depending on how the company proceeds, it can include entities that the parent company has a minority ownership stake in. This may include special purpose vehicles (SPV) that take on assets and liabilities, along with other entities such as joint ventures and research and development (R&D) partnerships.

Conclusion

When it comes to R&D partnerships, since R&D is capital-intensive and requires a long time for completion, OBSF is financially advantageous. It permits a company to reduce its liability over the research time since there are no substantive assets to help even out the liability. Industries such as healthcare can see benefits.

Another advantage of OBSF is that when an operating lease is used, it can create liquidity since capital is not tied up in purchasing equipment, and rental expenses are the only financial outflows.

When done according to GAAP guidelines and state and federal laws, companies that use OBSF can maximize their financial landscape.

A Look at the Nonaccrual Experience Method

Nonaccrual Experience MethodWhen it comes to running a business, having outstanding invoices that turn into uncollectible receivables or simply bad debt is a fact of life. The Internal Revenue Service (IRS) has a safe harbor that permits businesses to reduce consideration of such bad debt from taxation if it qualifies. However, understanding how to determine if a business is eligible is essential to making the most of it when a business files its taxes.

Defining the Nonaccrual Experience Method (NAE)

When businesses perform a service, they expect to be paid. However, they sometimes have unpaid invoices that are uncollectible. One provision within the IRS’s Internal Revenue Code (IRC) is that of the nonaccrual experience method (NAE) and how it intersects with bad debts.

How It Works      

Once a company sees bad debt in its system after customers fail to pay their invoices, it calculates the amounts it projects it won’t be able to collect. Projecting bad debt is accomplished by the company looking at previous experiences with its payees. It’s important to note that this accounting is used by businesses for only a portion of their projected uncollectable customer bad debt; businesses similarly project the remaining percentage they expect to collect from outstanding invoices in the future.   

One important step for businesses to determine their eligibility for relief from the accrual segment of uncollectible revenue, per the U.S. Securities & Exchange Commission (SEC), is by determining their industry classification. Sample industries include legal professionals, engineers, performance art professionals, architects, and actuaries.

It’s important to note that if businesses don’t use this method, they may charge off such debts. Charge-offs are when a company writes the debt off its balance sheet and expenses the uncollectible funds on the income statement. Companies must also adhere to the following criteria to take advantage of the safe harbor:

  • The company must currently use the accrual method of accounting when recording revenues, and not the cash method to account for revenue.
  • The company, in a single year, within the past 36 months, has earned up to, but no more than $5 million in gross receipts.

IRS Guidance

Beginning in September 2011, the Internal Revenue Service permitted taxpayers to use the NAE method to determine applicability by applying a factor of 95 percent to their allowance for bad debts via their past 60 months of financial documents. This permits businesses to exclude qualifying uncollectible revenues from their taxable income, which is beneficial for lowering the amount of taxes owed. It is often easier for NAE-specific designated industries to qualify; however, only companies with the appropriate amount of historical information to substantiate are eligible.

Further Considerations and Conclusion

One example of this safe harbor includes having financial information that’s expertly tracked for the past 60 months via financial statements. If the company can’t substantiate it, they won’t be able to qualify. Similarly, eligible services provided or the resulting receivables that have interest and/or financial penalties attached are ineligible.

When it comes to navigating the IRS code, the NAE can provide another way for eligible companies to maximize filings and tax obligations.