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LEASE LIABILITIES AND RIGHT OF USE ASSETS
9 Months Ended
Sep. 30, 2019
LEASE LIABILITIES AND RIGHT OF USE ASSETS  
LEASE LIABILITIES AND RIGHT OF USE ASSETS

NOTE 6 — LEASE LIABILITIES AND RIGHT OF USE ASSETS

Finance Leases

 

 

 

 

 

 

 

 

 

    

September 30, 

    

December 31, 

 

 

2019

 

2018

Finance equipment lease dated April 5, 2018

 

$

9,076

 

$

13,056

Finance equipment lease dated May 8, 2018

 

 

10,076

 

 

14,525

Finance equipment lease dated June 27, 2018

 

 

15,528

 

 

21,701

Finance equipment lease dated September 18, 2018

 

 

11,290

 

 

15,368

Finance equipment lease dated September 28, 2018

 

 

12,530

 

 

16,672

Finance equipment lease dated February 20, 2019

 

 

15,665

 

 

 —

Finance equipment lease dated June 4, 2019

 

 

18,761

 

 

 —

Finance equipment lease dated September 30, 2019

 

 

20,695

 

 

 —

Total finance lease liabilities

 

 

113,621

 

 

81,322

Less current portion

 

 

(51,735)

 

 

(30,172)

Long term portion

 

$

61,886

 

$

51,150

 

During the nine months ended September 30, 2019, the Company entered into three finance leases for computer equipment, each for a three-year term. The Company recognized these arrangements as finance leases based on the determination that the leases exceeded 75% of the economic life of the underlying assets. The Company initially recorded the equipment and the finance leases liability at the estimated present value of the minimum lease payments of $19,754,  $20,903 and $20,695, respectively.

During the year ended December 31, 2018, the Company entered into five finance leases (formerly known as capital leases) for computer equipment for a three-year term. The Company recognized these arrangements as finance leases based on the determination that the leases exceeded 75% of the economic life of the underlying assets. The Company initially recorded the equipment and the finance lease liability at the estimated present value of the minimum lease payments of $95,506.

The leases include base monthly payments in the aggregate of $4,761, due on the monthly anniversary of each contract. At the expiration of the lease, the Company is required to return all leased equipment to the lessor with right of repurchase at fair value. The Company has made payments under these leases in the total amount of $29,053 during the nine months ended September 30, 2019. The effective interest rate of the finance leases is estimated at 6% based on the implicit rate in the lease agreements.

The following summarizes the right to use assets under finance leases included in property and equipment:

 

 

 

 

 

 

 

 

 

    

September 30, 

    

December 31, 

Classes of Property

 

2019

 

2018

 

 

 

  

 

 

  

Computer equipment

 

$

156,858

 

$

95,506

Less: accumulated depreciation

 

 

(46,706)

 

 

(16,117)

 

 

$

110,152

 

$

79,389

 

The following summarizes total future minimum finance lease payments at September 30, 2019:

 

 

 

 

 

Period ending December 31,

 

 

 

2019

    

$

14,839

2020

 

 

57,126

2021

 

 

41,382

2022

 

 

10,083

Total minimum lease payments

 

 

123,430

Amount representing interest

 

 

(9,809)

Present value of minimum lease payments

 

 

113,621

Current portion of finance lease obligations

 

 

51,735

Finance lease obligations, less current portion

 

$

61,886

 

Operating Leases

The Company’s principal offices are located at 5210 E. Williams Circle, Suite 750, Tucson, Arizona 85711, consisting of approximately 5,151 square feet as of September 30, 2019. The Company’s principal office originally consisted of approximately 2,362 square feet. On December 21, 2017, effective February 1, 2018, the Company amended its existing lease to expand its principal office to approximately 4,248 square feet and to extend the expiration date to September 30, 2021. Beginning February 1, 2018, the basic rent increased to $9,598 per month. On October 2, 2018, effective December 1, 2018, the Company further amended its existing lease to expand its principal office to approximately 5,151 square feet. In accordance with the amended lease, rent increased to $11,810 on January 1, 2019, escalating over time to $12,977 at the end of the lease, which was further extended to October 31, 2022.

The Company also had offices in Atlanta,Georgia located at 3901 Roswell Road, Suite 134, leased for an aggregate of $3,937 per month as of December 31, 2017 under a lease that expired on September 30, 2019. On December 29, 2017, effective February 1, 2018, the Company amended its existing lease to expand its Atlanta office from approximately 2,739 square feet to approximately 3,831 square feet. Beginning February 1, 2018, the basic rent increased by $1,500 through the remainder of the lease term. In February 2019, the Company entered into a lease for new offices in Marietta, Georgia located at 450 Franklin Gateway, Marietta, Georgia consisting of approximately 9,662 square feet. The new lease commenced on June 1, 2019, with move-in on June 15, 2019.

Beginning in 2017, the Company leased office space in New York for $300 per month, which was increased to $850 per month in October 2018 through May 31, 2019. Beginning in June 2019, the Company moved to larger office space in New York, leased for $4,482 per month, for a term of 12 months ending May 31, 2020. Beginning November 1, 2015, we subleased an office in Scottsdale, Arizona from a company controlled by our Executive Chairman for $3,578 per month, which continues on a month to month basis as of September 30, 2019. These New York and Scottsdale properties were considered short-term leases and therefore were not measured under Topic 842.

The Company has made operating lease payments in the amount of $222,564 during the nine months ended September 30, 2019. Rent expense charged to operations, which differs from rent paid due to rent credits and to increasing amounts of base rent, is calculated by allocating total rental payments on a straight-line basis over the term of the lease. Operating lease liabilities at September 30, 2019 and January 1, 2019 consist of:

 

 

 

 

 

 

 

 

 

    

September 30, 

    

January 1,

 

 

2019

 

2019

Tucson Arizona office lease

 

$

431,815

 

$

518,309

Marietta Georgia office lease

 

 

481,864

 

 

 —

Atlanta Georgia office lease

 

 

 —

 

 

49,959

Total operating lease liabilities

 

 

913,679

 

 

568,268

Less current portion

 

 

(204,411)

 

 

(166,252)

Long term portion

 

$

709,268

 

$

402,016

 

As of January 1, 2019, the Company adopted the provisions of ASC Topic 842 using the modified retrospective method. In adopting ASC Topic 842, Leases (Topic 842), the Company elected the ‘package of practical expedients’, which permitted it not to reassess under the new standard its prior conclusions about lease identification, lease classification and initial direct costs. The Company did not elect the use-of-hindsight or the practical expedient pertaining to land easements; the latter is not applicable to the Company. In addition, the Company elected not to apply ASC Topic 842 to arrangements with lease terms of 12 month or less. Effective January 1, 2019, the Company initially recognized operating lease liabilities of $568,268 based on the present value of the remaining minimum rental payments under current leasing standards for existing operating leases. The discount rate utilized in such present value calculation was 6% based on an estimate of the Company’s incremental borrowing rate. At such time, the Company also recognized corresponding right-of-use (ROU) assets of $557,212 and eliminated the prior period deferred rent of $11,056.

During the nine months ended September 30, 2019, the Company entered into an operating lease for new office space in Marietta, Georgia, for a five-year term. The Company measured and recorded a right of use asset and corresponding operating lease liability of $483,565 at the lease commencement date in June 2019.

The following summarizes total future minimum operating lease payments at September 30, 2019:

 

 

 

 

 

Period ending December 31,

 

 

 

2019

    

$

79,854

2020

 

 

267,500

2021

 

 

262,219

2022

 

 

244,245

2023

 

 

118,166

2024

 

 

80,638

Total minimum lease payments

 

 

1,052,622

Less: present value discount

 

 

(138,943)

Present value of minimum lease payments

 

 

913,679

Current portion of operating lease obligations

 

 

204,411

Operating lease obligations, less current portion

 

$

709,268

 

The following summarizes lease expenses for the nine months ended September 30, 2019:

 

 

 

 

 

Finance lease expenses:

    

 

 

Depreciation/amortization expense

 

$

34,185

Interest on lease liabilities

 

 

5,269

Finance lease expense

 

 

39,454

Operating lease expense

 

 

193,739

Short-term lease expense

 

 

66,784

Total lease expenses

 

$

299,977