Defeasance
Candlefocus EditorAt its core, defeasance is designed to bridge the gap between a borrower and lender when a loan is unable to be paid in full or on time. It works by the borrower transferring a pool of high-quality financial instruments, usually bonds or Treasury notes, to the lender in exchange for the loan. The value of the pool of assets must be equal to or greater than the amount of the loan, with any difference in value making up the difference. The borrower then typically pays an annual fee to the lender for the privileges of keeping the asset pool in place to cover the full value of the loan.
Defeasance can have several positive benefits for borrowers. By exchanging a pool of assets in the form of bonds or a security portfolio in exchange for their loan, borrowers often receive more favorable terms, including lower interest rates and longer repayment periods. Additionally, by using defeasance, borrowers can reduce their overall interest expenses and potentially eliminate the need for loan collateral.
In addition to the benefits of using defeasance as a means to extend repayment terms on a loan, defeasance can also create positive tax implications. When exchanging bonds or other securities in exchange for the loan, the borrower’s tax liability on the asset pool may decrease, resulting in a lower overall tax burden. Furthermore, if the underlying asset pool remains in place for the duration of the loan, the borrower may be able to defer taxes on the asset until the underlying loan is paid back.
Overall, defeasance is a powerful tool that can help borrowers bridge the gap between the current financial status and the successful repayment of the loan. Borrowers can often reduce the costs associated with repaying their loan and gain access to more favorable loan terms thanks to the flexibility provided by defeasance. While defeasance can have some beneficial tax implications, borrowers should be sure to understand all aspects of how defeasance works before entering into an agreement with their lender. With a thorough understanding of defeasance, borrowers can use it strategically to their advantage and move forward with the repayment of their loan securely.