What is a common criterion for identifying a lease rather than a loan?

Identifying a lease as distinct from a loan often centers on the continuing interest of the lessor in the leased asset. In a true lease arrangement, the lessor retains ownership rights to the property throughout the term of the lease, which distinguishes it from a loan where the borrower typically acquires ownership of the asset. This ongoing interest means the lessor has a vested stake in the asset's value and condition, which impacts how the lease is structured and the obligations of the parties involved.

For example, the lessor may be responsible for maintenance and insurance of the asset, emphasizing their ongoing relationship with the asset rather than a one-time transfer of ownership rights that occurs in a loan scenario. This criterion is key to understanding leasing contracts, as it helps clarify the risks and benefits associated with leasing versus borrowing.

Factors such as purchase options, cancellation rights, or penalties for early termination can influence the terms of a lease or a loan but do not fundamentally determine whether an agreement is a lease or a loan. These elements can exist in both leases and loans, making them less definitive in distinguishing between the two types of financial agreements.