Car leasing - in simple words about what it is. Definition and essence of leasing What does a leasing company mean

The term leasing comes from the English word "leasing" - rent. In English, there is the concept of operational and financial leasing. Operational leasing corresponds to the concept of an ordinary lease in Russian legislation, and financial leasing corresponds to a financial lease, or leasing. Therefore, using the term "leasing" in relation to Russia, we mean financial lease or what corresponds to the English "financial leasing".

Leasing(according to the federal law "On leasing") - a type of investment activity for the acquisition of property and its transfer on the basis of a leasing agreement to individuals or legal entities for a certain fee for a certain period of time on certain conditions stipulated by the agreement, with the right to redeem the property by the lessee. Consequently, leasing is a type of entrepreneurial activity aimed at investing financial resources in acquiring property in ownership and renting it out.

Leasing relationships are considered legislation as an investment and carried out within the triangle: supplier (manufacturer) - lessor (investor) - lessee (user).

Leasing- this is a complex of property relations arising in connection with the acquisition of property and its subsequent transfer for temporary use.

This is a financial lease agreement under which the lessee (lessee) can use the property owned by the lessor (lessor) and acquired at the request of the lessee, for a certain periodic fee. The most important element of this agreement is that legal property(maintained by the leasing company) separated from the economic use of the asset(owned by tenant). The leasing company is interested in the tenant's ability to pay rent, not his credit history, assets or equity. Such an agreement is especially convenient for new, small or medium-sized enterprises that do not have a long financial history. The transaction is secured by the leased property itself.

In other words, the leasing company (lessor), at the request of the lessee, acquires property (equipment) and gives it for use with the condition of mandatory gradual redemption during the term of the contract. In fact, the role of the lessor is to finance the purchase of property and ensure its delivery, installation, commissioning and start-up. Ownership of the transferred property remains with the leasing company until the moment of full settlement under the contract.

It is not at all necessary for an enterprise or entrepreneur to own property in order to operate and make a profit. It is enough to have the right to use this property for a certain period. This is especially important for those enterprises that do not have the necessary funds to purchase equipment as property. The leasing mechanism allows them to acquire the right to use the equipment for a certain period of time for a reasonable rent. It also provides for the option when the equipment becomes the property of the enterprise after the agreed period of use.

Civil Code Russian Federation defines leasing as a financial lease (Articles 665, 666):

“Under a financial lease (leasing) agreement, the lessor undertakes to acquire ownership of the property specified by the lessee from the seller specified by him and provide the lessee with this property for a fee for temporary possession and use for business purposes. In this case, the lessor is not responsible for the choice of the leased item and the seller.

The financial lease agreement may provide that the choice of the seller and the acquired property is carried out by the lessor.

subject of a finance lease there may be any non-consumable things used for entrepreneurial activity, except for land plots and other natural objects.

Leasing objects

The object of leasing can be movable and immovable property.

Movable property- everything that is not related to real estate: machinery, equipment, computer equipment, vehicles, etc.

Real estate: buildings, structures, aircraft, ships, inland navigation vessels, space objects.

The most popular leasing objects are agricultural machinery, construction and road machinery, vehicles and aviation equipment, telecommunications equipment; a significant share of special equipment for the mining, oil and gas industry.

Subjects of leasing

As for the subjects of leasing, then classic leasing provides for the tripartite nature of the relationship, that is, three subjects take part in the leasing transaction. The subjects of leasing can be residents or non-residents of the Russian Federation. The composition of the subjects of leasing is reduced to two, if the seller and the lessor are the same person.

lessor(lessor) - a person who specifically acquires property for the purpose of renting it out for temporary use;

Lessee(tenant) - a person receiving property for temporary use;

Salesman(supplier) - a person who sells the property that is the object of the transaction.

The participation of three entities in a leasing transaction is a distinctive feature of a financial lease from an ordinary one.

In an ordinary lease, only two entities:

Landlord;

Tenant.

Also, with an ordinary lease, the lessor acquires the equipment at his own peril and risk, and not at the request of the lessee. With such a lease, the same equipment can be leased several times.

Operational leasing

Operational (service) leasing - this is an agreement whose term is less than the period of full depreciation of the leased asset (usually from 1 year to 3 years). At the same time, the payment stipulated by the contract does not cover the full cost of the asset, which makes it necessary to lease it several times.

The most important distinguishing feature of operating leasing is the tenant's right to early termination of the contract. Such agreements may also include various installation and ongoing maintenance services for the leased equipment. Hence the second, often used name of this form of leasing is service. In this case, the cost of the services provided is included in the rent or paid separately.

The main objects of operational (service) leasing include rapidly aging (computers, copiers and copying equipment, various types of office equipment, etc.) and technically complex, requiring constant service maintenance (trucks and cars, air avitainers, railway and sea transport, construction equipment) types of equipment.

It is easy to see that, in general, the terms of operating leasing are more favorable for the tenant.

In particular, the possibility of early termination of the contract makes it possible to get rid of obsolete equipment in a timely manner and replace it with a more high-tech and competitive one. In addition, in the event of adverse circumstances, the enterprise can quickly curtail this type of activity by returning the relevant equipment to the owner ahead of schedule, and significantly reduce the costs associated with the liquidation or reorganization of production.

In the case of the implementation of one-time projects or orders, operating leasing frees you from the need to purchase and subsequently maintain equipment that will not be needed in the future.

The use of various services provided by a leasing company or equipment manufacturer often reduces the cost of ongoing maintenance and maintenance of the relevant personnel.

The downside of these benefits are:

Higher rent than with other forms of leasing;

Requirements for making advances and prepayments;

The presence in the contracts of clauses on the payment of penalties in case of early termination of the lease;

Other conditions designed to reduce and partially compensate for the risk of property owners.

Currently, this form of leasing has not received proper development in the Russian Federation. Moreover, according to the legislation, operating leasing is treated as a short-term lease and is regulated by the Civil Code of the Russian Federation. Accordingly, it does not fall under the Federal Law “On Financial Leasing (Leasing)” and the benefits provided for by this law do not apply to it.

financial leasing

Financial leasing - an agreement providing for the special acquisition of an asset for ownership with subsequent lease (temporary use) for a period close to its useful life (depreciation). Payments under such an agreement generally provide the lessor with full reimbursement of the costs of acquiring the asset and providing other services, as well as a related profit.

After the expiration of the transaction, the lessee can return the asset to the owner, enter into a new lease agreement or buy the leased object at the residual value.

The objects of financial leasing include real estate (land, buildings and structures), as well as long-term assets for production purposes. Therefore, it is also often called capital ( capital lease).

Unlike operating financial leasing, it significantly reduces the risk of the owner of the property. In fact, its terms are largely identical to the agreements concluded when obtaining bank loans, since they provide for:

Full or almost full reimbursement of the cost of equipment;

Making a periodic fee, including the cost of equipment and the owner's income (in fact, the main and percentage parts);

The right to declare the tenant bankrupt in case of his inability to fulfill the concluded agreement, etc.

Financial leasing is the basis for the formation of other forms of long-term lease - returnable and separate (with the participation of a third party).

Return lease is a system of two agreements in which the owner sells the equipment to the other party with the simultaneous conclusion of a long-term lease agreement with the buyer. Commercial banks, investment, insurance or leasing companies usually act as buyers here. As a result of such an operation, only the owner of the equipment changes, and its user remains the same, having received additional funds at its disposal. The investor, in fact, lends to the former owner, receiving ownership of his property as security. Such operations are often carried out during a business downturn in order to stabilize the financial position of enterprises.

Another type of financial leasing is its separate a form that provides for the participation in the transaction of a third party - investors, which are usually banks, insurance or investment companies. In this case, the leasing company, having previously concluded a contract for the long-term lease of some equipment, acquires its ownership, paying part of the cost at the expense of borrowed funds. As collateral for the received loan, the acquired property (as a rule, a mortgage is issued on it) and future lease payments, the corresponding part of which can be paid directly by the tenant to the investor, are used. At the same time, the leasing company enjoys the benefits of a tax shield that arises in the process of depreciation of equipment and repayment of debt obligations. The main objects of this form of leasing are expensive assets, such as mineral deposits, equipment for extractive industries, construction equipment, etc.

At direct leasing the tenant enters into a leasing agreement directly with the manufacturer (i.e. directly) or a leasing company established under him. The largest manufacturers are world market leaders, such as IBM, Xerox, GATX, BMW, Caterpillar etc., are the founders of their own leasing companies through which they promote and market their products in many countries. Domestic enterprises do the same. Many names of Russian leasing companies speak for themselves, for example: Kamaz Leasing, Ilyoshin Finance Co, Tupolev, etc.

Sometimes leasing is not carried out directly, but through an intermediary. At the same time, the agreement provides that in the event of temporary insolvency or bankruptcy of the intermediary, lease payments must go to the main lessor. Such transactions are called "subleasing" (subleasing).

The interpretation of leasing, the conduct of such operations and their legal regulation in the Russian Federation have certain specifics. According to the legislation (Article 665 of the Civil Code of the Russian Federation), under a financial lease agreement (leasing agreement), the lessor undertakes to acquire ownership of the property specified by the tenant from a seller specified by him and provide this property for a fee for temporary possession and use for business purposes.

Thus, under leasing in the Russian Federation, only financial leasing is legally recognized, which is characterized by the following specific features:

The third mandatory participant is the equipment supplier;

The presence of a complex of contractual relations;

Special purchase of equipment for leasing;

Active role of the lessee;

Mandatory use of the leased asset for business purposes.

Legal regulation of leasing in the Russian Federation is carried out on the basis of the Civil Code of the Russian Federation, Federal Law No. 164-FZ of October 29, 1998 "On Financial Lease (Leasing)" with subsequent amendments and additions, as well as the Tax Code of the Russian Federation.

According to Art. 3 of this Law subject of leasing there may be any non-consumable things (enterprises, property complexes, buildings, structures, equipment, vehicles, movable and immovable property, etc.) used for business activities.

The subject of leasing in the Russian Federation cannot be:

Land plots and other natural objects;

Property withdrawn from circulation or limited in circulation;

Results of intellectual activity.

In accordance with Art. 4 of the Law "On Financial Leasing (Leasing)" the subjects of leasing are:

Lessor - an individual or legal entity that, at the expense of attracted and (or) own funds, acquires property during the implementation of a leasing agreement and provides it as a leased asset to the lessee for a certain fee, for a certain period and under certain conditions in temporary possession and in use with or without transfer to the lessee of ownership of the subject of leasing;

Lessee - an individual or legal entity who, in accordance with the leasing agreement, is obliged to accept the object of leasing for a certain fee, for a certain period and under certain conditions for temporary possession and use in accordance with the leasing agreement;

Seller - a natural or legal person who, in accordance with the sale and purchase agreement with the lessor, sells the property that is the subject of leasing to the lessor within the stipulated period. The seller is obliged to transfer the object of leasing to the lessor or lessee in accordance with the terms of the contract of sale. The seller may simultaneously act as a lessee within the same leasing relationship.

The problem of new investments in the real sector of the economy is very acute in many countries. The purchase of equipment by enterprises is difficult or simply impossible. Due to their lack of financial resources, obtaining a loan is also problematic, since it requires start-up capital (as a rule, at least 20 percent of the cost of equipment will have to be paid from their own funds), and the loan terms are short - do not exceed 1 - 2 years.

The way out of this situation lies in the widespread use of new financial instruments for productive investment, one of which is leasing.

The word "leasing" - Russian transcription of the English term , or , which in translation means "rent", which is well known in our country. However, the use of the new term was caused by the desire to single out a new type of lease - financial, which we had not used before. Therefore, it is no coincidence that all the actions of the legislative and executive authorities related to the development of leasing relations relate to financial leasing, when an intermediary (in a good sense of the word) appears between the producer of property and its user, who undertakes to finance the transaction.

Leasing is a complex of economic relations arising in connection with the acquisition in ownership of property and its subsequent delivery for temporary possession and use for a certain fee. A potential lessee applies to a leasing company with a business proposal to conclude a deal. According to it, he chooses a seller who has the required property, and the lessor acquires it and transfers it to the lessee for temporary possession and use for a fee specified in the contract. At the end of the contract, depending on the conditions, the property is returned to the lessor or becomes the property of the lessee. It is important to note that throughout the entire lease agreement, the owner of the property is the lessor.

Classical leasing provides for the participation of three parties in it: the lessor, the lessee, the seller (supplier) of the property. But it is possible that the seller and the lessor or the seller and the lessee are one and the same person. With expensive projects, the number of participants in the transaction, as a rule, increases due to the involvement of new sources of financing by the lessor (banks, insurance companies, investment funds, etc.)

It is important to note that all elements of the leasing process are closely related. So, relations for the temporary use of property (leasing agreement) arise only after the implementation of the sale and purchase agreement. It turns out that the execution of one contract gives impetus to the emergence of the next transaction, and the participants in the leasing process closely interact with each other at different stages.

In some countries, for example, in Russia, according to the law, in order to recognize a leasing transaction, it is necessary to carry out a property purchase operation. Therefore, the combination of the seller and the lessor in one person is impossible in relation to Russia. At the first stage, the equipment manufacturer and the future lessor, concluding a sales contract, act as a seller and a buyer. At the same time, the user of the property, not legally participating in the sale and purchase agreement, is an active participant in this transaction, choosing equipment and a specific supplier. All technical issues related to the implementation of the sale and purchase agreement (completeness, terms and place of delivery, warranty obligations, acceptance procedure, etc.) are resolved between the manufacturer (supplier) and the lessee, the lessor is responsible for financial security of the transaction.

At the second stage, the buyer of the property rents it out for temporary use, acting as a lessor. However, the relationship under the second contract is not closed between the user and the lessor. The seller of the property, although he entered into a contract of sale with the lessor, is responsible to the user for the quality of the equipment.

The main types of leasing recognized worldwide are financial leasing (finance lease) and operational (operational) leasing (operating lease). The main criteria for such a distinction are the period of use of the equipment and the volume of distribution of risks associated with the accidental loss or damage to the leased property.

Operational leasing characterized by the fact that the term of the leasing agreement is significantly shorter than the normative life of the property, and the lease payments do not cover the full cost of the property. Therefore, the lessor is forced to lease it for temporary use several times, and for him the risk of recovering the residual value of the leased object will increase in the absence of demand for it. AT In connection with this, all other things being equal, the size of lease payments in operational leasing is much higher than in financial leasing. The lessor bears the risk of accidental loss or damage to property leased.

For financial leasing characterized by a long lease term and depreciation of all or most of the value of the property. During the term of the agreement, the lessor recovers the value of the property at the expense of leasing payments and receives profit from the leasing transaction. As a rule, the risk of accidental loss or damage to the leased property, after the acceptance of the property, passes to the lessee.

Financial leasing has several types, which received independent names.

Return lease(sale and leaseback) is a kind of bilateral leasing transaction. Its idea is in next. An enterprise that has equipment, but lacks funds for production activities, sells its property to a leasing company, which, in turn, leases it to the same enterprise. Thus, the company has money that it can direct, for example, to replenish working capital. The contract is drawn up in such a way that after the expiration of its validity, the company has the right to buy out the equipment, restoring the right of ownership to it.

Leverage(credit, share, separate) leasing (leveraged lease), or leasing with additional attraction of funds is the most difficult, as it is associated with multi-channel financing and is used, as a rule, for the implementation of expensive projects.

A distinctive feature here is that the lessor, when buying equipment, pays out of his own funds not all of its amount, but only a part of it. The rest he borrows from one or more creditors. At the same time, the leasing company continues to enjoy all tax benefits, which are calculated from the full value of the property. In some countries, such as the United States or Azerbaijan, the lessor must necessarily use part of his own funds to purchase equipment. But in Russia there is no such strict requirement, and 100% of credit funds can be attracted to complete the transaction.

Assistance in sales (sales-aid leasing) is the implementation of sales using leasing on the basis of a special agreement concluded between the supplier (seller) of the property and the leasing company. These agreements take different forms. In the simplest case, the name of the leasing company, its address, telephone and the main conditions of leasing are indicated in the supplier's promotional materials, and all issues related to leasing property with a potential user are directly decided by the leasing company. The pinnacle of such transactions is an agreement between the equipment manufacturer and the leasing company, according to which the manufacturer, on behalf of the latter, offers customers financing for the supply of its products through leasing. At the same time, the agreement between the manufacturer and the leasing company, as a rule, provides whatin in case of insolvency of the lessee, the manufacturer is obliged to buy the property from the leasing company

Leasing (eng. Lease - rent) means a form of long-term lease associated with the transfer of property (ie, an object, object) for use for entrepreneurial activity.

The subject of leasing can be any non-consumable things (enterprises, property complexes, buildings, structures, equipment, vehicles and other movable and immovable property) that can be used for business activities, with the exception of property prohibited by federal laws for free circulation, and property , for which a special procedure for circulation is established, as well as land plots and natural objects.

In terms of its economic content, leasing is a category much broader than the simple concept of rent. In fact, leasing is a single complex of three simultaneous transactions: rent, lending and logistics of the enterprise.

In Russia, leasing operations are regulated by the Civil Code of the Russian Federation and Federal Law of the Russian Federation No. 164-FZ “On Financial Leasing (Leasing)” dated December 29, 1998. According to this law, leasing is a type of investment activity for the acquisition of property and its transfer on the basis of a leasing agreement to individuals and legal entities for a certain fee for a certain period and on certain conditions stipulated by the contract with the right to buy out the property by the lessee.

involved in the leasing deal: lessor, lessee and seller of the leased asset.

lessor represents an economic entity (leasing company, bank, etc.) or an individual entrepreneur engaged in leasing activities, i.e. transfer under the contract on leasing of property specially acquired for this purpose. In other words, the lessor is the lessor of the property.

Lessee- this is a citizen or an economic entity receiving property for use under a leasing agreement. Thus, the lessee is the tenant.

Seller of leased property- an economic entity - a manufacturer of machinery and equipment, as well as another economic entity or a citizen who sells property that is the subject of leasing.

Under a leasing agreement, the lessor undertakes to acquire ownership of the property specified by the lessee from a certain seller and provide the lessee with this property for a fee for temporary possession and use for business purposes.

The risk of accidental loss or accidental damage to the leased property passes to the lessee at the time of transfer of the leased property to him, unless otherwise provided by the leasing agreement.

From the point of view of property relations, leasing The transaction consists of two interrelated components: relations for the sale and purchase and relations associated with the temporary use of property.

If the leasing agreement provides for the sale of property after the expiration of the agreement, then the relationship for the temporary use of the property is transferred into a sale-purchase relationship. Only now - between the lessor and the user of the property.

By economic nature, leasing is similar to credit relations and investments. Thus, credit relations are based on three principles: urgency (a loan is given for a certain period of time), repayment (returned within a specified period) and payment (remuneration is taken for the services provided).

In leasing, the owner of the property, transferring it for a certain period, receives it back, and receives a commission for the service provided. There are elements of credit relations. Only the participants in the transaction operate not with cash, but with property. In this regard, leasing is sometimes classified as a commodity loan to fixed assets, and in form it is similar to investment financing.

To implement a leasing agreement, the lessor must have enough own free financial resources or he must have access to "cheap" money. In the conditions of our country, such objects can be banks and other credit institutions or subsidiary leasing companies created with the participation of financial institutions.

In common practice leasing is classified according to the following criteria:
1. Depending on the number of participants in the transaction distinguish:

• bilateral leasing transactions (direct leasing), in which the supplier of property and the lessor act as one person;
• multilateral leasing transactions (indirect leasing), in which the property is leased not by the supplier, but by a financial intermediary, which is the leasing company.

2. By type of property distinguish:

• leasing of movable property (working machines and equipment for various industries, computer and office equipment, vehicles, etc.);
• leasing of real estate (industrial buildings and structures).

3. Depending on the market sector where leasing operations are carried out, there are:

• internal leasing, in which all participants in the transaction represent one country;
• external (international) leasing, in which the lessor and the lessee are located in different countries. In turn, international leasing can be export and import.

4. Depending from the form of leasing payments distinguish:

• leasing with a cash payment, in which payments are made in cash;
• leasing with a compensation payment, in which the lessee settles with the lessor in goods, as a rule, produced on the leased property, or by providing counter services;
• leasing with a mixed payment, in which part of the payment comes in cash, and the other - in the form of goods or services.

5. By volume of service transferred property leasing is divided into:

• net leasing is a relationship in which all maintenance of the property is undertaken by the lessee. Therefore, in this case, equipment maintenance costs are not included in lease payments;
• full leasing, i.e. with a full range of services, when the lessor assumes all the costs of maintaining the property.

6. According to the period of use of the property and related depreciation terms are distinguished:

• leasing with full payback and, accordingly, with full depreciation of the property, when the term of the contract is equal to the standard service life of the property and the lessor pays the cost of the leased property in full;
• leasing with incomplete payback and, accordingly, incomplete depreciation of property, in which the term of the contract is less than the standard service life of the property, and during its validity only part of the cost of the leased property is paid off.

7. By the term of the contract and the degree of payback(depreciation) of leased property are distinguished by:

• operational leasing, which is the lease of property for a period that is less than the standard service life of the property;
• financial leasing - an operation to acquire property into ownership and then put it into temporary possession and use for a period approximating in duration to the period of its operation and depreciation of all or most of the value of the property. During the term of the contract, the lessor recovers the entire value of the property at the expense of lease payments and receives profit from the leasing transaction.

In many countries of the world, the criteria for dividing leasing into financial and operational are enshrined in the International Accounting Standard IAS 17 (International Accounting Standard).

Financial leasing is divided into direct and returnable.

Direct leasing is preferable when the lessee needs to re-equip the already existing technical capacity. Under this transaction, the lessor provides 100% financing of the acquired property.

Direct financial leasing is carried out according to the scheme presented below.

Direct financial leasing involves three participants in the transaction: supplier, lessor, lessee.

Although the majority of financial leasing transactions in the world are currently carried out with three participants, there is a trend towards leasing with two main participants. The composition of the participants in the transaction is reduced to two if the seller and the lessor or the seller and the lessee are one and the same person.

The technology of the leasing transaction is as follows. A business entity needs fixed assets (certain property). He has found a seller (or manufacturer) and tells the leasing company the value of the necessary fixed assets, their technical data and how to use them. A leasing company concludes an agreement with an economic entity, according to which the company fully pays the seller the cost of fixed assets and leases them to the economic entity with the right to purchase at the end of the lease term. At the same time, the leasing company concludes an agreement with the seller on the acquisition of fixed assets.

Fixed assets come to the business entity directly from the seller (manufacturer). The lessee pays the leasing company payments in accordance with the terms of the leasing agreement.

In terms of economic content, leasing refers to direct investments, during the execution of which the lessee is obliged to reimburse the lessor for investment costs (expenses) incurred in material and monetary forms, and pay remuneration. The amount of investment costs and the amount of remuneration form the total amount of the leasing agreement.

Leaseback is a type of financial leasing, in which the seller of the leased asset simultaneously acts as a lessee.

Leaseback operations, in essence, represent the receipt of additional financial resources secured by the lessee's own fixed assets.

The essence of leaseback is that the lessor acquires property from the lessee and immediately provides this property to him on lease. Thus, under a leaseback, an enterprise receives funds, the return of which is guaranteed by its own property pledged to the lessor.

The word "leasing" literally translates from English as "rent", but in fact it is a set of financial transactions. In simple words, we will explain what leasing is and where it is used, what types it is, and how this service differs from ordinary rent.

Leasing is a type of financial service, a form of lending for the acquisition of fixed assets by enterprises or very expensive goods by individuals.

To begin with, it is worth understanding what service is meant by the word "leasing". If we read the standard wording of this term, we will only understand that this is by no means a lease, but rather a financial transaction.

In simple words, leasing is such an operation in which three participants are involved. The first one provides the goods, the second one buys it (the leasing company), and the third one leases this goods from the second party. Over time, the leased goods become the property of a third party (after paying the residual value of the goods), which during the lease paid contributions to the second party.

Did you know? The first material evidence of this kind of activity dates back to approximately 2000 BC. e. During excavations at the site Sumerian city Ur scientists have discovered the prototypes of the first leases. These were clay tablets on which the parties to the agreement recorded their obligations to transfer for a certain period of use and possession for a certain fee agricultural equipment, the right to use water bodies, etc. The first lessors, as a rule, were priests who lived in the temples of the city of Ur.

A leasing company is an organization that acquires a property and then leases it out.

It turns out that, unlike the usual lease, where two parties are involved (the lessee and the lessor), here in the process there is another interested party that has a certain amount of money for which it buys goods and rents it out for a certain period and for a certain fee .

How is it different from renting

We told what leasing and leasing company are in simple words, now let's talk about the differences.

Summarizing the above, we can conclude that the first difference lies in the future fate of the goods at the moment when the time period for which it was leased or leased ends.

The lessor is responsible for the object of leasing all the time while it is with the lessee. That is, the company is obliged to fix all problems, repair and replace parts, or, if this applies to a living creature, treat it and pay for all necessary vaccinations.

If you have rented someone's property, then at the end of the term you must return it to the landlord. If you have taken the property on lease, then you are obliged to redeem it after the agreed period of time during which you used the object on a leasehold basis.

Property is rented for a short period of time, as opposed to leasing. Leasing implies that the time period before the purchase corresponds to the expiration date of the object or useful life. That is, if you leased an object for a period of 10 years, then, most likely, its useful life before partial or complete wear and tear is 10 years.

Leasing objects in the Russian Federation

For clarity, we have combined the popular types of leasing in a table and indicated the characteristic features and advantages of each of them:

The lease term is not always comparable with the expiration date, as many real estate objects have a “shelf life” that is several times longer than the lease period.

All objects that can be leased cannot be counted, however, there is also such property that cannot be leased:
• Natural objects (forest, meadow, river, lake, etc.).
• State enterprises.
• Utilities and their subdivisions.
• Land.

Types of leasing operations

Now let's talk about the different types of leasing and their features.

Operating

This option is different in that the time for which the object is transferred to the lessee does not correspond to the expiration date or useful life.

The operating option is not regulated by the legislation of the Russian Federation and is drawn up as a lease agreement.

Most often, such goods are transferred that are already available from the lessor. Upon completion, the goods are either returned to the company or redeemed at the residual value. That is, if the machine can operate without failures and repairs for about 15 years, then such leasing will be considered operating, which was drawn up for a period of up to 14 years. After that, the machine can either be returned back or redeemed by paying the remaining cost.

Financial

Now let's discuss financial leasing, find out what it is and how this option differs from the above.

The financial option involves paying the entire cost at the time of the lease. Therefore, such leasing can also be considered long-term lending.

In this case, the client orders the company a certain object, which it buys and leases with subsequent redemption. The lease term is commensurate with the service life. For example, you need an expensive tractor for agricultural work. You contact the company, where you indicate which tractor and at what price you need. The company buys it and gives it to you for a certain period, which is comparable to the period of its operation. At the end of this period, the tractor becomes your property.

Table 1. Classification of types of leasing:

Each sign affects the completeness and functionality of the transaction, which should be taken into account in practice.

Forms of a leasing transaction

Consider the composition of the participants and the technique of conducting operations.

Straight

This is the form in which the goods are rented out by the manufacturer. That is, a company that produces goods can simultaneously be a lessor. After the manufacture of products, simply transfer it under certain conditions for use with subsequent redemption.

Indirect

"Standard" option, which provides for the participation of at least 3 parties. The company buys goods from the manufacturer and transfers them to a third party for use under certain conditions.

returnable

A rather rare option that is not practiced in our country. The contract provides for the participation of two parties - the manufacturer and the leasing company. The manufacturer simultaneously acts as a supplier of goods and a lessee. That is, the enterprise transfers the product to the company, receiving the full cost for this.

Further, the company transfers the product to the use of the enterprise under certain conditions. Such a deal allows you to receive additional funds in the event that the product is not sold properly or if this product is used in production in the form of equipment.

Car leasing

For legal entities

For any developing company, every penny counts, so in the case when you need to get a large number of transport units at the same time, it is not possible to find funds for the purchase, and ordinary rent is not suitable due to high costs.

In this case, leasing solves all problems, since the lease directly depends on the cost of transport, all cars can be bought out at the end or, in the absence of money, returned to the leasing company.

You can get the following types of transport:
• new cars;
• used cars;
• trucks;
• buses;
• special equipment.

The leasing company can at any time return the vehicle without going to court, since the object is in its ownership until the full repayment of the cost.

What are the advantages of leasing over conventional loans?
• Fast processing and no security deposit.
• Tax incentives (full VAT refund).
• More favorable rates and prices.
• Flexible payment schedule.
• Payments do not affect the overall balance sheet of the firm.

For individuals

Now let's figure out what car leasing for individuals is.

Everything happens according to the same system as for legal entities. An individual chooses a car, after which the lessor acquires it and transfers it to use for several years. Immediately after the acquisition, the company registers the car and draws up insurance.

Most often, leasing for individuals is issued from 1 to 3 years, but the conditions may vary. After the agreed period ends, an individual must either return the car or pay the rest of the cost and become its owner.

Important! For cars that were produced in 2015 in Russia, there is a 10% discount on the total cost. The discount is valid under the State program of preferential car leasing.

Benefits for individuals:
• There is no non-refundable down payment. That is, after the conclusion of the transaction, you must pay a deposit in the form of 10% of the cost, which is returned after the end of the rental period.
• The monthly payment is several times less than when buying a car loan.
• Almost all payments related to the use of a car (insurance, technical inspection, tire replacement, additional equipment, etc.) can be included in the expenses.
• A minimum number of documents is required for registration.

Having discussed the leasing of movable property, let's talk about real estate. The essence and procedure for drawing up the contract does not differ much from the standard conditions, however, it has its own nuances.

For legal entities

This option of a long-term lease with a subsequent purchase or return has become very popular long before the common man in the street learned about leasing. The fact is that buying or renting large premises costs a lot of money, which only large companies have available. That is why such a long-term lease is the only option for a developing company to get its own premises or warehouse.

Let's turn to the pros:
• Since the real estate is not owned by a legal entity until the moment of purchase, there is no need to pay property tax. Significant savings when considering large rooms.
• Payments are expenses, therefore, profit is reduced. In this case, the income tax is significantly reduced.
• In some cases, you can get a VAT refund.

Thus, this option fully satisfies the lessee, since many companies require premises only for a certain period of time.

For individuals

Real estate leasing for individuals is less popular than for legal entities. The fact is that any person wants stability, especially in relation to housing. Therefore, I want the new apartment or house to become a full-fledged property, and not a rented object, since the lessor can return the property at any time, for reason or without reason, and going to court will not prove anything, since the property is not yours.

For this reason, leasing for individuals is comparable to a regular lease, when you can use the property, but not dispose of it.

It is not necessary to compare this service with a mortgage, since the latter involves lower monthly payments than renting with a subsequent purchase. Also, do not forget about double re-registration, since the leasing company is obliged to register the property for itself. Most often, all expenses are paid by the "tenant" of such real estate.

However, despite all the disadvantages, this option of obtaining your own housing has its advantages, namely:
• Fewer documents are required to process a transaction.
• You don't have to pay property tax.
• Suitable for those who do not want the presence of additional property.

It turns out that such a service is suitable only for some individuals, since if the only living space is not yours and it can be “taken away” at any time, then there is no need to talk about stability.

Stages of concluding a leasing transaction

When concluding any leasing transaction, the entire procedure is divided into 3 stages. Each stage involves the implementation of a certain list of actions, which we will describe in detail.

Did you know? The White House was leased to an American farmer for 99 years for only $100,000 a year. This fact took place in 1925. The farmer of a large Texas cattle ranch immediately paid $100,000 for the first year of a lease with an option to buy the residence of American presidents immediately after the deal was closed.

Training

During the preparation phase, the following is done:
• An application for receiving a certain object from the lessee.
• Conclusion that the lessee can pay for the goods.
• Conclusion on the effectiveness of the entire process.
• An application from a company that is sent to a product supplier.
• An application from a company to a bank for a loan to carry out an operation.

Legal registration

At the second stage, documentation related to the obligations of the parties and the operation of the facility takes place:
• Is loan agreement between a leasing company and a bank for a loan.
• Product Purchase Agreement.
• The act of acceptance and commissioning of the facility.
• Leasing agreement
• Contract for the maintenance of the object of the contract.
• Property insurance contract.

Execution

At the third stage, the operation of the object of the contract takes place. The lessee must ensure the safety of the received property, perform work that ensures the maintenance of the object in working order. Also, the lessee is obliged to pay monthly payments, which are reflected in the financial statements.

How to choose the right leasing company

To choose a good leasing company, it is not enough to get positive feedback or friends' assessment, since each individual case is unique and requires the analysis of many factors. It is for this reason that we present you with a kind of “instruction” for choosing a leasing company.

So what needs to be analyzed:
• The history of the company.
• Number of branches, work experience in your city or region.
• The number of deals that the company has entered into, and their further fate.
• Experience in the industry your property is associated with.
• Informativeness of the company's website.
• Number and qualifications of employees.
• The openness of the company, the availability of comprehensive information related to the activities, structure, services and documentation.

It should be understood that if the company does not inspire confidence in you, the necessary information is missing, or the organization was founded according to documents almost yesterday, then you should refuse to contact such structures.

Basic concepts

Now let's deal with the basic concepts that accompany the entire process of drawing up a leasing transaction.

lessor

Important! The rights and obligations of a lessor in the Russian Federation are regulated by the Law “On Financial Lease”, the Tax and Civil Codes.

The lessor is a legal or natural person, a party to the agreement, which transfers the object of leasing to the lessee for a certain period and with certain conditions. Banks, non-profit organizations, non-bank credit organizations can act as a lessor.

Lessee

The lessee is a natural or legal person who leases the property of the lessor for a certain period and with certain conditions. It can be either an individual or an entire organization or its structural element.

Lease payment

Lease payments are a certain amount of money that the lessee pays to the lessor during the use of the object of the transaction.

The leasing payment has a certain composition, namely:
• Depreciation of property over the entire lease term.
• Commission.
• Payment for additional services of the lessor.
• Residual value of the property (in case of redemption).

Leasing operations

This is the process of conducting a transaction between all parties to the agreement, during which the necessary documents are drawn up, the object of leasing is transferred from the manufacturer to the lessor, and then to the lessee. The leasing operation also includes the operation of the facility and monthly payments for the lease.

Leasing deal

A leasing transaction is a set of all contracts that are drawn up in the process of obtaining a lease. This includes contracts between the lessor and the lessee, as well as contracts between the lessor and the manufacturer.

Leasing percentage

The lease interest is interest rate, which is charged on the residual value of the leasing object.

The percentage of leasing appreciation is a comparison of the overpayment and the main cost of the property that is transferred to the lessee.

Leasing confiscated

Leasing confiscation is an object seized from the lessee, which becomes the property of the leasing company. Such confiscation is further used for leasing or subsequent leasing.

Thus, this option of long-term lease with a subsequent option to buy is an excellent way out when buying expensive equipment, machinery or real estate. However, you need to conclude such transactions only with open companies that provide the maximum amount of information about their activities so that the transaction does not turn out to be a loss for you.

Hello! In this article, we will talk about what leasing is and how to use it. In a difficult economic situation, when banks demand exorbitant interest on loans, and rent as a type of transaction is not suitable for a number of reasons, enterprises or individual entrepreneurs are increasingly turning to leasing companies. The goal is to purchase equipment, transport, real estate on favorable terms. What is leasing for individuals and legal entities? What are the types of leasing? What are the benefits of such a deal? You will learn about all this in this article!

Favorable offers for car leasing now at Europlan with government support!

What is leasing in simple words

Leasing It's the same rent. (Translated from English "lease" - "rent"). But there are a number of significant differences.

Let's look at the scheme with an example:

The enterprise or entrepreneur does not have enough funds to purchase equipment. You can take a loan with high interest, or you can ask a leasing company to buy the necessary equipment. She, in turn, considers the proposal, evaluates the profit for herself. If approved, the lessor leases the acquired property to the enterprise under a special agreement.

Under the terms of this agreement, the lessee pays the company every month a certain amount (leasing payments), as for rent. After a certain period, you can buy equipment, real estate or a car by paying the residual value.

As can be seen from the example, three parties are involved in the leasing process:

• Property recipient- a person (individual or legal), to whom the object of leasing is leased for some time, with the possibility of its full redemption;
• Leasing company– the party acquiring the equipment: real estate, vehicles, equipment or the whole enterprise.
• Salesman– the party that sells the above valuable property.

Sometimes two parties are enough if the owner of the property acts as a lessor. In many cases, you will need another party - the insurance company.

The purpose of leasing for the enterprise- expand production, modernize technologies, which will lead to an increase in profits.

The lessor, on the other hand, benefits from the difference between the market price of the property and its value after the leasing operation. The seller of equipment, real estate, vehicles gets the opportunity to quickly sell expensive equipment, real estate, vehicles, and so on.

According to the law of the Russian Federation, it is possible to lease (broadcast) property:

• Automobile transport;
• The property;
• Equipment;
• Enterprises.

Some objects are prohibited, for which special conditions of use are applicable by law, for example, military items. It is impossible to lease such property:

• Without an individual or serial number (for example, when the vehicle does not have a VIN);
• Withdrawn from circulation;
• Natural resources and land plots.

Leasing companies set their own limits. They depend on the policy of the lessor and on the items themselves. There are also parameters common to all for objects that are not provided for leasing:

• Having low liquidity;
• Unreliable manufacturer;
• A used item for a period of more than 5-7 years.

The basic rule is that all leasing items are purchased in order to use them in the process of any commercial business.

Types of leasing

In accordance with the terms and economic essence of the contracts, there are three main types of leasing:

• returnable;
• Operating;
• Financial.

There are also leasing of real estate, equipment, vehicles and others.

According to the degree of risk, leasing transactions are divided into three types:

1. Guaranteed– risks are distributed among several parties – guarantors of the transaction;
2. unsecured- the lessee does not provide any guarantees for the fulfillment of its obligations;
3. Partially secured- having an insurance contract.

Description of the main types of leasing

Return lease

This is a special kind of deal. In this case, the lessee and the seller of the property are one person. The enterprise enters into an agreement with a leasing company on the transfer of its property into ownership for a certain amount and immediately acts as a lessee. At the same time, the production process does not stop - the equipment is not withdrawn. The company received a large amount, which can immediately be used to increase profits or for other needs. At the same time, he pays small payments every month. Such a transaction looks like a loan secured by property, but there is no interest in the bank.

Leasing back is beneficial for businesses that need additional funds for development. After all, there is an opportunity to receive money from the leasing company and at the same time the equipment will not be lost, and the production process will continue.

But there is a significant downside. The special attention of tax services is riveted to transactions on leaseback. They may consider such agreements as one of the ways to avoid taxes. But if the transaction is carried out in accordance with all financial and legal rules, and the agreement is justified by economic feasibility, then the fiscal authorities will not have a basis for a fine.

The tax service compares the terms of leasing and a possible loan. If it turns out that a loan is more profitable for an entrepreneur, then the Federal Tax Service suspects tax evasion.

Here are the terms of transactions that attract the attention of fiscal authorities:

• The leaseback agreement is signed by two mutually dependent parties. By law, this is possible, but in practice the Federal Tax Service does not pay VAT refunds precisely for this reason;
• The parties to the transaction used promissory notes, checks and other non-cash methods for settlement;
• One of the parties to the agreement had previously been seen in the unfair payment of tax.

Operational leasing

This is a transaction in which the term of use of the property is much longer than the drawn up term of the contract. The rate is higher than in the case of financial leasing. As a matter of fact it is possible to draw a parallel with ordinary rent.

The leasing company bears full responsibility for the subject of the contract. In other words, repair, maintenance and insurance. The recipient of the leased asset does not bear any responsibility. All risks associated with the death or loss of the leased asset are borne by the company.

The recipient of the object of leasing may terminate the contract with the company if an unusable object has been presented.

At the end of the operating lease agreement, the lessee may:

• Change the object to another;
• Leave the property to the lessor;
• Conclude another contract;
• Buy property and become its owner.

Operational leasing has a positive effect on the dynamics of the production process. After all, the equipment is updated.

The concept of financial leasing

financial leasing – means of raising money for a specific purpose. The terms of use of the leased asset are equal to the terms of the contract. By the end date of the agreement, the value of the property is close to zero. More often the lessee wishes to receive such property in the property, especially by the end of the lease it costs practically nothing.

The main features and conditions of financial leasing:

• The lessor purchases property specifically for leasing it, and not for its own use;
• The buyer chooses the property and the seller;
• The seller is aware of the existence of a leasing agreement, but the subject of the agreement is delivered to the buyer, and he takes it into operation;
• The lessee sends all claims regarding the quality of equipment, machinery, transport to the seller, bypassing the lessor;
• In case of damage to the subject of leasing, it passes to the buyer after signing the act of acceptance and commissioning.

Stages of concluding a leasing transaction

Despite the fact that the process of obtaining an object for leasing is considered a simple transaction, you need to carefully consider all stages of its implementation.
Key steps to a successful leasing deal:

1. Choosing a leasing company . It is better to give preference to large organizations that are subsidiaries of well-known financial institutions. We advise you to use Europlan on favorable leasing terms.

2. Studying all the proposed terms of the contract . Before signing the contract, it is necessary to find out: the initial and monthly payment amount, the payment schedule, the conditions under which the transaction is terminated, as well as the characteristics of the transferred property.

3. Drawing up a contract . Before that, the leasing company may require the following documents from the client:

• statement of intent to lease a certain object;
• an extract from the bank on the turnover of the enterprise for the last time;
• financial statements for the last 4 months;
• copies of documents of the head of the business;
• agreement with the supplier;
• documents confirming the insurance of the leasing object.

The lessor may require other documents and papers - it depends on the type of transaction and the company itself.

4. Then comes the first installment . After this operation, the enterprise receives the object of the contract for use.

- one of the most profitable ways that allows the company to increase production without high costs, build new workshops, update technologies through the purchase of technical innovations.

You can purchase everything you need for the operational work of the office, computer equipment. In agriculture, buy new machines for harvesting, collecting milk, cutting meat. In the restaurant business, purchase the necessary equipment for trade. Such leasing is also beneficial for the woodworking, gas, and oil refining industries.

The main advantages of using equipment leasing :

• Allows the enterprise or individual entrepreneur to develop, even if they have part of the money to buy new equipment;
• Payments are evenly distributed over the months according to a personal schedule, there is no need to pay the entire cost at once;
• The objects of leasing are received for use immediately, and after signing the contract they can participate in the production process;
• Monthly payments are covered by profits that will come from the use of new equipment, workshops;
• Payments are related to cost, which results in a lower income tax base;
• Savings by reducing property tax payments. This is due to accelerated depreciation. After the term of the contract, it turns out that the object of leasing costs almost nothing.

Car leasing

Both a legal entity and an individual can buy a car on lease. This is a relatively new type of transaction for the population of Russia, but in recent years it has been steadily progressing in its distribution.

Let us examine in more detail the question of what is leasing for individuals. In fact, any citizen of the Russian Federation can purchase a car, as if for rent. One difference is that you can become the owner of the vehicle at the end of the contract.

The motorist gets the opportunity to use vehicles after the transaction is completed and the first installment is made. Such procedures can be drawn up not only by special leasing companies, but also by banks and car dealerships.

What is the procedure for leasing a car?

1. The client provides an identity card and a driver, fills in the necessary documents;
2. An agreement is concluded between the parties: the future car owner and the lessor. The document gives the right to use transport with its subsequent redemption. A contract of sale is also concluded between the seller (transport supplier) and the company (bank) that has assumed the obligations of the lessor;
3. The recipient of the car for rent pays the first 20-30% installment of the total cost under the contract;
4. The subject of leasing (car) must be insured under two packages: OSAGO and CASCO;
5. The leasing company assumes the costs and hassle of registering a car with the traffic police and carrying out maintenance;
6. After all the above points, the transport passes into the use of the lessee, but not into possession. The owner is a leasing company, which can be a car dealer, bank and other financial institution;
7. The car user pays monthly amounts, and after the expiration of the contract, the vehicle can be taken over. You can also exchange for a new car.

Advantages of car leasing

1. You can buy not only a car, but also trucks, special equipment;
2. It doesn't matter if a used car or new cars were purchased on lease from a dealership or from a private person;
3. The minimum package of documents for a leasing transaction;
4. The level of requirements for the client is lower than when applying for a loan;
5. The lease term is up to 5 years, after this period the client can become the owner, for this you need to pay the remaining amount;
6. You can return the object of leasing - a car ahead of schedule;
7. You can immediately use the car after the transaction.

Cons of car leasing

1. Interest for car leasing agreements is higher than for a loan, especially for vehicles of an average price category;
2. In case of violation of the leasing payment schedule, the car is withdrawn;
3. The car is not property and it cannot be rented out, used as collateral without the consent of the official owner - the leasing company;
4. For periodic inspection, you need to provide the car to the leasing company.

Before deciding on the method of purchasing a car, you need to carefully study all the factors, weigh all the pros and cons, and find out all the profitable offers of banks.

Real estate leasing is a cross between a lease and a mortgage. The essence of the process is the same as with other types of leasing. The company buys the property chosen by the client. Then, the leasing organization leases this living space to him. The client is obliged to pay monthly amounts for the use of leasing.

Real estate leasing for individuals

An apartment on lease for the general population has not yet become widespread. Maybe the point is that people want to see real estate in their possession immediately, and not in 15-20 years. Psychologically, it is much calmer when the apartment becomes the property immediately, as, for example, with a mortgage.

When registering real estate on credit, the buyer gets the opportunity to use and own square meters, the right to dispose will come after the last payment. With leasing, a person has only one right - to use the living space. All other rights will come into force after the expiration of the contract and payment of the residual value.

Purchasing a house or apartment on lease has a number of other disadvantages. in:

• Most often, a mortgage agreement is cheaper than a leasing agreement;
• Two transactions are made: one of them is for the sale and purchase between the leasing company and the seller, the second is between the citizen and the leasing company. As a result, more funds are spent on clearance. These costs are most often borne by the person who wants to purchase an apartment.

What are the benefits of leasing real estate for individuals?

It's all about the reliability of the transaction for the parties to the contract. With a mortgage for a bank, there is a risk that the client will not fulfill all obligations. Then you will have to take additional measures that incur costs for the financial institution. Whereas the leasing company is already the owner of the living space and does not lose anything in the event of the client's insolvency. Therefore, she is more loyal to delays in payments and considers all options for payments that an individual offers her.

Leasing companies do not care about the credit history of her client. Therefore, this type of apartment acquisition is suitable for citizens who have been denied a bank loan.

The acquisition of housing on lease is also attractive to those people who do not want to cover their property and pay taxes on it. For example, this option can be considered if the couple is in an unstable relationship and one of the parties is afraid of losing part of the property during the division.

There are many scammers among real estate leasing companies, so an ordinary citizen should carefully choose an organization. It is best to pay attention to leasing companies that are subsidiaries of a large bank.

Real estate leasing for legal entities

The situation is different with the leasing of commercial real estate for persons engaged in entrepreneurial and financial activities. This type of transactions has existed for a long time and is in demand. This is primarily due to favorable taxation schemes.

Not putting real estate on the balance sheet is always beneficial for any enterprise, in particular for the following reasons:

• You can count on a refund of value added tax;
• Accounting classifies lease payments as expenses, thus profit is not underestimated and the corresponding tax is reduced;
• Property tax may not be paid at all - the property is not listed on the balance sheet of the enterprise and does not belong to it.

That is why the acquisition of square meters with the help of leasing is much more attractive for the enterprise than a commercial mortgage agreement.

Leasing or credit - which is more profitable

For clarity, we present a comparative table with the same comparative characteristics for loans and leasing.

Comparison of credit and leasing

The advantage of leasing over a loan is not always obvious. Each specific case must be considered separately from all sides. Legal and financial assistance is indispensable.

On a specific example, we will analyze the leasing of a car of a famous brand. The conditions offer payments 30% less than for a loan. But there is one more point - in order to receive such a favorable offer after the term of the contract, the car must be returned to the seller. If you buy it out completely, then the overpayment will be higher than for the proposed loan.

Taxes and depreciation

When determining the income tax base, the enterprise (lessee) classifies lease payments as expenses. This is described in detail in article 264 of the Tax Code in paragraph 1 of subparagraph 10.

It is possible, under the terms of the contract, to attribute property to the balance sheet of the enterprise, then the amount of depreciation is deducted from the amount of expenses for leasing payments.

When the property is not on the balance sheet of the enterprise, then it is taken into account by the lessor. In this case, the cost of the object of the contract is deducted from the sum of all expenses for payments for leasing. According to the law, the income tax base does not take into account the costs of acquiring property subject to depreciation. This is the redemption value of the leased asset, and it is written off gradually with the help of depreciation.

There are cases when the amount of the redemption value is not clearly stated in the contract. Specialists of the Ministry of Finance in this case propose to include in the initial cost all amounts of payments on leasing. After the property rights are transferred to the enterprise, accrue payments as expenses through depreciation.

An enterprise or individual entrepreneur can challenge this position, because there is no mention of a redemption price in the law and the Tax Code. Article 264 of the Tax Code states that all lease payments are classified as other expenses. An exception is depreciation accrued by the enterprise.

There is also a special procedure for calculating the cost of depreciable property in leasing operations. This is indicated in article NK 257. The initial cost of property includes the cost of delivery, construction, acquisition, bringing to a state suitable for use. This means that for the parties to the leasing agreement, the initial cost of the leased asset will not differ.

It turns out that if the lessor fully repays the value of the property through depreciation, then by the end of the contract, he transfers the subject of the contract to the enterprise with zero residual value.

If the property is not fully depreciated, then it passes to the other party to the contract at the cost that will remain after depreciation is charged. This part will be written off as expenses from the enterprise through depreciation. Therefore, if the lessee accumulates the redemption value, then he will not be able to write it off, since depreciation is not charged on it.

It turns out that it is more profitable not to divide the lease payment, but to fully attribute it to other expenses.

Depreciation

Accelerated depreciation rates apply to property acquired on lease. In this case, the tax accounting policy of the enterprise must specify the method of calculating depreciation.

Leasing payments include VAT, so in the future the company can offset it from the budget in accordance with Articles 171-172NK.

When buying on credit, the cost of VAT will be less than with a leasing transaction. This happens because in case of leasing, the base for calculating VAT includes not only the value of the property, but also the price for the services of the lessor.

Renting and leasing - similarities and differences

Leasing is just like renting from the outside. Leasing is often referred to as a finance lease. In fact, in both cases, the main subjects of the transaction are two clients. One needs a certain expensive item, but there is no whole amount to buy it. Another customer has the funds to purchase the item and can rent it at a premium for a profit.

However, this is only the outer side. In fact, these two operations have many differences.

The main difference is the ability to take into account equipment during leasing, both on the balance sheet of the leasing company and on the balance sheet of the enterprise. When renting, the object is shown on the off-balance accounts of the recipient of the object.

Differences and Similarities Between Leasing and Renting

Lease payment schedules

Regular payments on leased property can be regressive, seasonal, annuity.

Regressive installments mean that the monthly payment decreases with each subsequent payment. The same amount (fixed) is meant by annuity payments. As the name implies, seasonal payments depend on the season. Many businesses make a profit in a certain season, so the leasing company may consider special payment terms for them.

What is subleasing

Often there are such cases: the lessee no longer needs the received property or he cannot use it. And then thoughts arise, but is it possible to rent out the object of leasing? This will be considered subleasing.

This type of transaction is legalized and at the same time an appropriate subleasing agreement is drawn up. Its participants are the new acquirer of the property - the subtenant, the former lessee who no longer needs the subject of the contract.

The lessor is an organization that owns the property, writes a written consent or a ban on the transaction.

Conclusion

Now you know what leasing is, types of leasing and how to lease a car, equipment, etc. If you have questions, ask in the comments below. And also read other articles on our website!