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LEASES
3 Months Ended
Mar. 30, 2022
Leases [Abstract]  
LEASES LEASES
Nature of Leases
Shake Shack currently leases all of its domestic Company-operated Shacks, the home office and certain equipment under various non-cancelable lease agreements that expire on various dates through 2044. The Company evaluates contracts entered into to determine whether the contract involves the use of property or equipment, which is either explicitly or implicitly identified in the contract. The Company evaluates whether it controls the use of the asset, which is determined by assessing whether substantially all economic benefits from the use of the asset is obtained, and whether the Company has the right to direct the use of the asset. If these criteria are met and the Company has identified a lease, the contract is accounted for under the requirements of Accounting Standards Codification Topic 842.
Upon possession of a leased asset, the Company determines whether the lease is an operating or finance lease. Real estate leases are classified as operating leases and most of the equipment leases are classified as finance leases. Generally, real estate leases have initial terms ranging from 10 to 15 years and typically include two five-year renewal options. Renewal options are generally not recognized as part of the right-of-use assets and lease liabilities as it is not reasonably certain at commencement date that the Company would exercise the renewal options. Real estate leases typically contain fixed minimum rent payments and/or contingent rent payments which are based upon sales in excess of specified thresholds. When the achievement of such sales thresholds are deemed to be probable, contingent rent is accrued in proportion to the sales recognized during the period.
Fixed minimum rent payments are recognized on a straight-line basis over the lease term from the date the Company takes possession of the leased property. Lease expense incurred before a Shack opens is recorded in Pre-opening costs on the Condensed Consolidated Statements of Income (Loss). Once a domestic Company-operated Shack opens, the straight-line lease expense and contingent rent, if applicable, is recorded in Occupancy and related expenses on the Condensed Consolidated Statements of Income (Loss). Many of the leases also require the Company to pay real estate taxes, common area maintenance costs and other occupancy costs which are included in Occupancy and related expenses on the Condensed Consolidated Statements of Income (Loss).
The Company uses its incremental borrowing rate ("IBR") in determining the present value of future lease payments as there are no explicit rates provided in the leases. The IBR used to measure the lease liability is derived from the average of the yield curves obtained from using the notching method and the recovery rate method. The most significant assumption in calculating the IBR is the Company's credit rating and is subject to judgment. The credit rating used to develop the IBR is determined by utilizing the credit ratings of other public companies with similar financial information as SSE Holdings.

The Company expends cash for leasehold improvements to build out and equip leased properties. Generally, a portion of the leasehold improvements and building costs are reimbursed by the landlords through landlord incentives pursuant to agreed-upon terms in the lease agreements. Landlord incentives usually take the form of cash, full or partial credits against future minimum or contingent rents otherwise payable by the Company, or a combination thereof. In most cases, landlord incentives are received after the Company takes possession of the property and as milestones are met during the construction of the property. The Company includes these amounts in the measurement of the initial operating lease liability, which are also reflected as a reduction to the initial measurement of the right-of-use asset.
A summary of operating and finance lease assets and lease liabilities as of March 30, 2022 and December 29, 2021 were as follows:
ClassificationMarch 30
2022
December 29
2021
Operating leasesOperating lease assets$346,128 $347,277 
Finance leasesProperty and equipment, net6,733 6,810 
Total right-of-use assets$352,861 $354,087 
Operating leases:
Operating lease liabilities, current$36,951 $35,519 
Long-term operating lease liabilities399,487 400,113 
Finance leases:
Other current liabilities2,697 2,711 
Other long-term liabilities4,246 4,303 
Total lease liabilities$443,381 $442,646 
The components of lease expense for the thirteen weeks ended March 30, 2022 and March 31, 2021 were as follows:
Thirteen Weeks Ended
ClassificationMarch 30
2022
March 31
2021
Operating lease costOccupancy and related expenses
Pre-opening costs
General and administrative expenses
$13,681 $12,330 
Finance lease cost:
Amortization of right-of-use assetsDepreciation and amortization expense753 613 
Interest on lease liabilitiesInterest expense52 54 
Variable lease cost
Occupancy and related expenses
Other operating expenses
Pre-opening costs
General and administrative expenses
3,504 2,851 
Short-term lease costOccupancy and related expenses98 82 
Total lease cost$18,088 $15,930 

As of March 30, 2022, future minimum lease payments for operating and finance leases consisted of the following:
Operating LeasesFinance Leases
2022(1)
$34,003 $2,252 
202364,088 2,205 
202464,127 1,450 
202562,986 718 
202659,230 425 
Thereafter255,488 273 
Total minimum payments539,922 7,323 
Less: imputed interest111,396 392 
Total lease liabilities$428,526 $6,931 
(1)Operating leases are net of certain tenant allowance receivables that were reclassified to Other current assets as of March 30, 2022.
As of March 30, 2022 the Company had additional operating lease commitments of $129,255 for non-cancelable leases without a possession date, which begin to commence in 2022. These lease commitments are consistent with the leases that have been executed thus far.
A summary of lease terms and discount rates for operating and finance leases as of March 30, 2022 and December 29, 2021 were as follows:
March 30
2022
December 29
2021
Weighted average remaining lease term (years):
Operating leases9.19.5
Finance leases5.35.4
Weighted average discount rate:
Operating leases5.2 %3.9 %
Finance leases3.1 %3.1 %
Supplemental cash flow information related to leases for the thirteen weeks ended March 30, 2022 and March 31, 2021 were as follows:
Thirteen Weeks Ended
March 30
2022
March 31
2021
Cash paid for amounts included in the measurement of lease liabilities:
Operating cash flows from operating leases$13,525 $11,825 
Operating cash flows from finance leases52 54 
Financing cash flows from finance leases747 602 
Right-of-use assets obtained in exchange for lease obligations:
Operating leases5,541 11,095 
Finance leases676 1,518 
LEASES LEASES
Nature of Leases
Shake Shack currently leases all of its domestic Company-operated Shacks, the home office and certain equipment under various non-cancelable lease agreements that expire on various dates through 2044. The Company evaluates contracts entered into to determine whether the contract involves the use of property or equipment, which is either explicitly or implicitly identified in the contract. The Company evaluates whether it controls the use of the asset, which is determined by assessing whether substantially all economic benefits from the use of the asset is obtained, and whether the Company has the right to direct the use of the asset. If these criteria are met and the Company has identified a lease, the contract is accounted for under the requirements of Accounting Standards Codification Topic 842.
Upon possession of a leased asset, the Company determines whether the lease is an operating or finance lease. Real estate leases are classified as operating leases and most of the equipment leases are classified as finance leases. Generally, real estate leases have initial terms ranging from 10 to 15 years and typically include two five-year renewal options. Renewal options are generally not recognized as part of the right-of-use assets and lease liabilities as it is not reasonably certain at commencement date that the Company would exercise the renewal options. Real estate leases typically contain fixed minimum rent payments and/or contingent rent payments which are based upon sales in excess of specified thresholds. When the achievement of such sales thresholds are deemed to be probable, contingent rent is accrued in proportion to the sales recognized during the period.
Fixed minimum rent payments are recognized on a straight-line basis over the lease term from the date the Company takes possession of the leased property. Lease expense incurred before a Shack opens is recorded in Pre-opening costs on the Condensed Consolidated Statements of Income (Loss). Once a domestic Company-operated Shack opens, the straight-line lease expense and contingent rent, if applicable, is recorded in Occupancy and related expenses on the Condensed Consolidated Statements of Income (Loss). Many of the leases also require the Company to pay real estate taxes, common area maintenance costs and other occupancy costs which are included in Occupancy and related expenses on the Condensed Consolidated Statements of Income (Loss).
The Company uses its incremental borrowing rate ("IBR") in determining the present value of future lease payments as there are no explicit rates provided in the leases. The IBR used to measure the lease liability is derived from the average of the yield curves obtained from using the notching method and the recovery rate method. The most significant assumption in calculating the IBR is the Company's credit rating and is subject to judgment. The credit rating used to develop the IBR is determined by utilizing the credit ratings of other public companies with similar financial information as SSE Holdings.

The Company expends cash for leasehold improvements to build out and equip leased properties. Generally, a portion of the leasehold improvements and building costs are reimbursed by the landlords through landlord incentives pursuant to agreed-upon terms in the lease agreements. Landlord incentives usually take the form of cash, full or partial credits against future minimum or contingent rents otherwise payable by the Company, or a combination thereof. In most cases, landlord incentives are received after the Company takes possession of the property and as milestones are met during the construction of the property. The Company includes these amounts in the measurement of the initial operating lease liability, which are also reflected as a reduction to the initial measurement of the right-of-use asset.
A summary of operating and finance lease assets and lease liabilities as of March 30, 2022 and December 29, 2021 were as follows:
ClassificationMarch 30
2022
December 29
2021
Operating leasesOperating lease assets$346,128 $347,277 
Finance leasesProperty and equipment, net6,733 6,810 
Total right-of-use assets$352,861 $354,087 
Operating leases:
Operating lease liabilities, current$36,951 $35,519 
Long-term operating lease liabilities399,487 400,113 
Finance leases:
Other current liabilities2,697 2,711 
Other long-term liabilities4,246 4,303 
Total lease liabilities$443,381 $442,646 
The components of lease expense for the thirteen weeks ended March 30, 2022 and March 31, 2021 were as follows:
Thirteen Weeks Ended
ClassificationMarch 30
2022
March 31
2021
Operating lease costOccupancy and related expenses
Pre-opening costs
General and administrative expenses
$13,681 $12,330 
Finance lease cost:
Amortization of right-of-use assetsDepreciation and amortization expense753 613 
Interest on lease liabilitiesInterest expense52 54 
Variable lease cost
Occupancy and related expenses
Other operating expenses
Pre-opening costs
General and administrative expenses
3,504 2,851 
Short-term lease costOccupancy and related expenses98 82 
Total lease cost$18,088 $15,930 

As of March 30, 2022, future minimum lease payments for operating and finance leases consisted of the following:
Operating LeasesFinance Leases
2022(1)
$34,003 $2,252 
202364,088 2,205 
202464,127 1,450 
202562,986 718 
202659,230 425 
Thereafter255,488 273 
Total minimum payments539,922 7,323 
Less: imputed interest111,396 392 
Total lease liabilities$428,526 $6,931 
(1)Operating leases are net of certain tenant allowance receivables that were reclassified to Other current assets as of March 30, 2022.
As of March 30, 2022 the Company had additional operating lease commitments of $129,255 for non-cancelable leases without a possession date, which begin to commence in 2022. These lease commitments are consistent with the leases that have been executed thus far.
A summary of lease terms and discount rates for operating and finance leases as of March 30, 2022 and December 29, 2021 were as follows:
March 30
2022
December 29
2021
Weighted average remaining lease term (years):
Operating leases9.19.5
Finance leases5.35.4
Weighted average discount rate:
Operating leases5.2 %3.9 %
Finance leases3.1 %3.1 %
Supplemental cash flow information related to leases for the thirteen weeks ended March 30, 2022 and March 31, 2021 were as follows:
Thirteen Weeks Ended
March 30
2022
March 31
2021
Cash paid for amounts included in the measurement of lease liabilities:
Operating cash flows from operating leases$13,525 $11,825 
Operating cash flows from finance leases52 54 
Financing cash flows from finance leases747 602 
Right-of-use assets obtained in exchange for lease obligations:
Operating leases5,541 11,095 
Finance leases676 1,518