Asset-backed investment instrument and related methods
First Claim
1. A method for implementing an investment backed by one or more assets, the method comprising the steps of:
- transferring ownership of at least one asset of the one or more assets to an entity, wherein the one or more assets are assets for which tax depreciation may be claimed, wherein the entity is an investor, an entity owned at least in part by the investor, or an entity having an ancestor owned at least in part by the investor, and wherein the investor is an insurance company;
entering into a lease of the transferred asset(s) from the entity for a predetermined period; and
reinvesting proceeds from a sale of one of the assets transferred to the entity in another asset to be leased without causing taxes to be due on proceeds from the sale.
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Accused Products
Abstract
An asset-backed investment instrument that increases deferred tax liabilities for an investor and, therefore, is attractive to any investor that benefits from deferred tax liabilities, such as certain insurance companies. Ownership of an asset underlying the investment instrument is transferred to an investing entity. The transferred asset is leased from the investing entity for a predetermined period. The lease may include a like-kind exchange feature to lengthen the predetermined period of the lease and to allow the accrued deferred tax liabilities to remain outstanding for a longer period of time. The lease may also include a Terminal Rental Adjustment Clause to remove the risk of a change in an estimated residual value from the investing entity.
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Citations
41 Claims
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1. A method for implementing an investment backed by one or more assets, the method comprising the steps of:
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transferring ownership of at least one asset of the one or more assets to an entity, wherein the one or more assets are assets for which tax depreciation may be claimed, wherein the entity is an investor, an entity owned at least in part by the investor, or an entity having an ancestor owned at least in part by the investor, and wherein the investor is an insurance company; entering into a lease of the transferred asset(s) from the entity for a predetermined period; and reinvesting proceeds from a sale of one of the assets transferred to the entity in another asset to be leased without causing taxes to be due on proceeds from the sale. - View Dependent Claims (2, 4, 6, 7, 8, 9, 10, 11, 12)
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3. The method of claim I, wherein the investment is Nationally Recognized Statistical Rating Organization (“
- NRSRO”
) rated.
- NRSRO”
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5. (canceled)
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13. A method for implementing an investment backed by one or more assets, the method comprising the steps of:
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transferring ownership of at least one asset of the one or more assets to an entity, wherein the one or more assets are assets for which tax depreciation may be claimed, and wherein the entity is an investor, an entity owned at least in part by the investor, or an entity having an ancestor owned at least in part by the investor; entering into a lease of the transferred asset(s) from the entity for a predetermined period; reinvesting proceeds from a sale of one of the assets transferred to the entity in another asset to be leased without causing taxes to be due on proceeds from the sale; and making a payment if an estimated residual value of the transferred asset(s) exceeds an actual residual value of the transferred asset(s) at the end of the predetermined period. - View Dependent Claims (31, 32, 33)
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- 14. An investment instrument backed by an asset, the investment instrument comprising a lease from a first entity to a second entity for an asset sold by the second entity to the first entity, wherein the asset is an asset for which tax depreciation may be claimed, and wherein proceeds from a sale of the asset are reinvested in another asset to be leased.
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30. An investment instrument backed by an asset, the investment instrument comprising a lease from a first entity to a second entity for an asset sold by the second entity to the first entity,
wherein the asset is an asset for which tax depreciation may be claimed, wherein proceeds from a sale of the asset are reinvested in another asset to be leased, wherein the second entity is a special purpose entity (“ - SPE”
) lessee owned by a finance company and is capitalized with at least a first group of assets,wherein the first entity is a SPE lessor that purchases the first group of assets from the SPE lessee with funds from at least one insurance company investor, and leases the first group of assets to the SPE lessee for a predetermined period, wherein the predetermined period is based upon a useful economic life of the first group of assets, wherein the SPE lessee makes a payment to the SPE lessor if an estimated residual value of the first group of assets exceeds an actual residual value of the first group of assets, and wherein the SPE lessee is further collateralized with a second group of assets that the SPE lessee pledges as security for obligations under the lease.
- SPE”
Specification