31, 2003, the reporting entity may not be able to determine if the PVIE is a VIE or if the reporting entity is the primary beneficiary.
Second, FIN 46(R) does not apply if the PVIE is deemed to be a business, which the interpretation defines as "a self-sustaining integrated set of activities and assets conducted and managed for the purpose of providing a return to investors." However, even if the PVIE is deemed to be a business, FIN 46(R) still applies if one or more of the following conditions exist:
* The reporting entity or related parties participated significantly in the design of the PVIE.
* Substantially all of the PVIE's activities involve or are on behalf of the reporting entity or related parties.
* The reporting entity or related parties provide more than half of the total equity, subordinated debt and other forms of subordinated financial support to the PVIE based on fair values.
* The PVIE's activities are primarily related to securitizations or other forms of asset-backed financings or single-lessee leasing arrangements.