Leasing - Leasing in the legal system

Leasing is one of the contractual civil law relations.

In accordance with the lease agreement, one of the parties to the agreement (the financing party, the lessor) grants the other party (the lessee, the lessor) the right to use a certain object for a certain period of time stipulated in the lease agreement in exchange for fixed installment payments (lease payments).

Advantages of leasing for the lessee:

weak equity participation,
tax burden optimization (tax protection),
VAT calculation option .

Leasing in the legal system
In the legal system, the lease agreement is regulated by the Civil Code. The original article of this resolution states:

"Under the lease agreement, the financing party undertakes, within its enterprise, to purchase the goods from a designated seller on the terms set out in the agreement and return the goods to the user for use or benefit collection within a specified period, and the user agrees to pay the financing party, in agreed payments, a monetary reward equal to at least the price, or remuneration for the purchase of goods by the landlord. "

In accordance with the Lease Agreement, it must be concluded in writing, otherwise it is invalid.

Within the meaning of the provisions of the Civil Code, things are only material objects (article of the Civil Code), while material objects, in accordance with the Civil Code, are a much narrower concept than the material goods obtained by economists. The material feature is the material character and separation from nature. Liquids and gases, minerals, free animals are not things. In addition, intangible items such as energy, intellectual goods, personal rights, money, securities, and property rights are not things.

For tax purposes, the definition of a lease agreement applies to any other agreement under which one of the parties, called the "financier", provides amortized funds for the use or utilization and collection of benefits on the terms specified in the act of the other party, called the "lessee". fixed or intangible assets , as well as land. The Civil Code specifies a contract in which one party undertakes to return the property belonging to it for use or utilization and collection of benefits for the other party, and the other party undertakes to pay the owner of the item in agreed installments a monetary remuneration equal to at least the value of the item at the time of conclusion of this contract to which the provisions on leasing apply.

Types of leasing
Given the number of parties involved in the leasing operation, the following are distinguished:

direct leasing (when the manufacturer enters into a contract directly with the user),
indirect leasing (more than two parties participate in the transaction, i.e. there is a specialized leasing company between the manufacturer and the user).
For the use of the facility, the lessee pays lease payments consisting of two parts on the specified dates: the capital component, reflecting the value of the facility used during the leasing period, and the interest component, representing remuneration for the lessor.

Operational leasing
Operational (service) leasing is a temporary transfer of an investment product for use. This time is usually shorter than the period of the standard consumption of the leased item. Rent payments are not taxable for the tenant, and the rental item is not amortized by him. In accordance with the operating lease agreement, the lessee may be guaranteed the right to purchase the rental item after the expiration of the contract for a predetermined final cost plus value added tax (VAT). Les amateurs de tennis trouveront sur cette plateforme de quoi satisfaire leur passion avec un bonus généreux. Pour en profiter, assurez-vous d'utiliser le code promo 1xbet 200 lors de la création de votre compte, que ce soit sur ordinateur ou sur mobile. Cette action vous donne droit à un bonus de bienvenue de 100% jusqu'à 130€, doublant votre premier dépôt pour parier sur les tournois du Grand Chelem. Placez des mises sur les vainqueurs de sets, le nombre total de jeux, les scores exacts ou les vainqueurs du tournoi de Roland-Garros, Wimbledon ou de l'US Open. Ne manquez pas cette vos fonds de paris tennis.