Large financial injections are required to upgrade equipment, purchase new vehicles, expand production or office space. But what if there is no way to collect the required amount at a time or take a loan? There is a very effective alternative - leasing. Let's talk about what this term means, what types of leasing are, what property can be leased, how to make such a deal correctly, and what pitfalls this procedure has.
Despite the fact that “lease” is translated from English as “rent”, leasing is a kind of “hybrid” of rent and a loan involving a third party – a leasing company. The latter buys the property from the seller and transfers it to the lessee. He pays monthly a certain amount, which is both a rental payment and a loan payment (depending on the user's further intentions). At the end of the period specified in the contract, the property can be redeemed at the residual value or returned to the leasing company.
Simple example:
The auto enterprise plans to update the fleet of buses. It concludes an agreement with a leasing company (let it be VTB-Leasing, YarCamp Leasing, or any other). A leasing company buys 10 buses from a manufacturing plant (say, MAZ) for a total of 60 million rubles. The buses are handed over to the car company, which pays an initial contribution of 10 million rubles, and then monthly deposits 1.6 million rubles into the account of the leasing company for three years.
In the 19th century, leasing began to develop actively in the USA and Great Britain. For our country, the concept of "lend-lease" of the times of the Great Patriotic War has become a landmark: the provision military equipment was also a leasing option. Significantly influence the development of the economy leasing began in the 50s of the last century. The founder of the modern leasing industry is called the American entrepreneur Henry Schoefeld, who opened the first specialized leasing company in San Francisco.
In the USSR, leasing was used to purchase expensive imported equipment by enterprises back in the 1970s and 1980s, but its scale was limited. In the domestic market, the first leasing operations began in 1989. Until the mid-90s, leasing did not have a serious impact on the economy of the Russian Federation. After the modernization of tax legislation and the adoption in 1998 of the federal law "On Financial Leasing (Leasing)", business interest in this instrument increased significantly. At the end of 2017, the volume of the leasing market in the Russian Federation was estimated by experts from the RAEX rating agency (Expert RA) at a trillion rubles.
There are usually three parties involved in the leasing process:
1 Seller- a legal entity or an individual entrepreneur (mandatory - a VAT payer) that owns or sells the necessary equipment. The property is transferred to the lessor on the basis of a sale and purchase agreement.
2 Lessor- its role is played by a leasing company, which can be registered both as a legal entity and as an individual entrepreneur. Most often, banks or structures with them that have sufficient capital to acquire expensive property (vehicles, real estate, equipment) act as lessors.
3 Lessee- this is a buyer, also either a legal entity in any organizational and legal form, or an individual entrepreneur who needs the equipment, transport or real estate of the seller, for use in commercial activities and making a profit.
Sometimes the seller is also the lessor at the same time, then two parties are involved in the transaction, not three.
Each party to a leasing transaction has its own reasons for participating in it.
A feature of the leasing transaction is the reduction of the redemption price of the property by the end of the contract. This happens due to depreciation- an annual write-off of a part of the cost of an asset as it wears out. Depreciation is taken into account according to special formulas and does not depend on the actual wear and tear of the goods. In leasing transactions for certain types of property, accelerated depreciation is applied, due to which, by the end of the contract, the transport or equipment has a zero value and passes into the possession of the lessee without additional payment.
According to the federal law “On Financial Lease (Leasing)” (No. 164-FZ of October 29, 1998 with subsequent amendments), movable and immovable property can be leased: vehicles, equipment, real estate, enterprises as economic complexes .
The subject of leasing cannot be natural objects, land and property restricted in circulation. An exception in this sense is armaments - the Russian Federation has the right to sell them to other countries on lease on the terms set forth in international treaties and the law on military-technical cooperation.
There are other restrictions on leasing, set by the lessors themselves. In particular, buyers who wish to purchase on lease receive a refusal:
Consider the features of leasing each type of property.
Both specialized leasing companies, car dealerships and banks can sell cars on lease.
The procedure for buying a car on lease is as follows:
Advantages and disadvantages of vehicle leasing for the buyer
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Good way upgrade the company's equipment fleet without getting into big debts. Equipment can include a wide range of products - from office equipment to agricultural units and factory machines. The acquisition procedure is the same as in the case of cars, except that the insurance of the leased asset is not mandatory. However, many lessors insist on equipment insurance.
Advantages and disadvantages of equipment leasing for the buyer
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The process of leasing real estate is similar to any other type of such operations: the lessor buys the property chosen by the client from the seller. Then the buyer pays monthly amounts for the use of real estate, and after the expiration of the contract, he buys it or returns it to the lessor.
We will consider the purchase of real estate on lease from two points of view: with regards to physical and legal entities because the differences between them are very significant.
Real estate leasing: legal entity
Buying office or any other real estate on lease is beneficial for a company for several reasons:
All these reasons make real estate leasing much more attractive than a commercial mortgage.
Real estate leasing: individuals
The purchase of apartments on lease by individuals in the Russian Federation has not received serious development for one simple reason: if mortgaged housing immediately becomes the property of the buyer, then leasing housing remains with the lessor until the moment of full redemption. Few people want to live in an apartment that is essentially someone else's for many years, risking immediately losing it in case of delays in current payments.
If you look objectively, without emotions, then leasing real estate for individuals has both advantages and disadvantages:
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Please note: in the field of real estate leasing for individuals, for all its underdevelopment, there are many scammers. Buying an apartment on lease makes sense only from companies affiliated with banks.
Not too euphonious term actually means the provision of employees to work for the lessee for a certain time. Personnel leasing in last years has been widely developed. Previously, companies tried to minimize penetration inside information in external environment and because of this they had a negative attitude towards the involvement of third-party personnel, then due to the need to optimize the number of employees, leasing began to be considered a worthy alternative. Every year in the Russian Federation the number of firms providing personnel leasing services is growing by 30-50%.
Usually, a recruitment agency acts as a lessor, which concludes an agreement with an employee (seller of his labor force). This person is sent to the final employer (lessee). Most often, we are talking about replacing full-time specialists during vacations and sick days, as well as for holding events: exhibitions, presentations, conferences. Relatively speaking, it makes no sense for an enterprise to keep three beautiful girls on staff who will meet guests at the contract signing ceremony and then bring out folders with the text of the document on trays. This staff is provided by the agency.
The volume of necessary functions of the personnel is stipulated in the contract between the agency and the enterprise.
The lessor (agency) undertakes to conclude an employment (namely, an employment!) contract with an employee, conducts personnel office work, calculates and pays salaries, bonuses and other incentives, pays taxes and deductions to the Federal Tax Service and extra-budgetary funds, draws up compulsory medical insurance policies, pays.
The relationship of labor leasing in Russia regulates the federal law dated 05.05.2014 No. 116-FZ. It contains the following rules:
The law establishes certain restrictions for "rental" work. You can not involve leasing personnel:
In a leasing transaction, a lot depends on the terms of the contract. Depending on them, three types of leasing can be distinguished:
1 Financial
With this option, the lessor is, in fact, only a financial intermediary, participating in the transaction formally. The delivery of property goes directly from the seller to the lessee, the latter presents claims for the quality of this property to the seller. By the end of the term of the lease agreement, the property, as a rule, has a minimum residual value.
In such a scheme, the leasing agreement often prescribes the seller's obligation to accept the property if the buyer returns it to the lessor. The bank does not need old cars or machines, to put it simply. VTB24, Avangard Bank, Promsvyazcapital Group and others have their own leasing subsidiaries.
2 Operating
With this variant of leasing, the term of the contract is significantly shorter than the service life of the acquired property (real estate, industrial complex, etc.). In this regard, the role of the leasing company in the transaction is key. The lessor assumes full responsibility for the safety of the leased property, organizing repairs, insurance and maintenance.
The role of the lessee in this scheme is close to the role of the tenant. When the contract ends, the buyer has the right:
The operational type of leasing is often used by dealers of large auto concerns: the buyer uses a car of a certain brand for 2-3 years, and then leases and re-leases a more modern model.
3 returnable
The most specific type of leasing. Here the seller and the lessee are the same person. In fact, the transaction is a form of secured lending, when the property is transferred to the lessor only formally, but actually remaining in its place. An enterprise can sell its equipment and then lease it, receiving a large amount of money for development and maintaining production capacity.
However, such transactions are also the most corruption-intensive.
A fresh example from the Vologda region
A leasing deal for the sale of a large cinema center took place here. The seller was an LLC, let's call it Alpha. This company has owned the cinema center for over 10 years. but the business did not go, the debts grew, and the founders of Alfa turned to the regional business support center with a request for state support - the object is socially significant, the building has historical value. Support in the amount of 10 million rubles was provided on the condition that they go to the development of the film business in the region.
Alfa LLC immediately entered into a leasing deal, selling to the lessor (let it be Beta LLC, one of the founders of which turned out to be the same regional business support center that supported Alfa as well) property for film screening in the amount of 24 million rubles. The lessor transferred this property to the buyer - Gamma LLC, having already concluded an agreement for 34 million rubles with the payment of 10 million as a down payment. Nothing unusual, if you do not pay attention to the fact that the founders of Gamma were the same persons as those of Alpha, and the difference between the sale and purchase price exactly repeated the amount of state support provided to filmmakers by the region.
The regional government finally came to their senses and demanded the money paid as state support back. This led to the bankruptcy of Gamma LLC (the debt written off due to the impossibility of collection amounted to 10.07 million rubles), the termination of Beta LLC, internal proceedings in the regional government and heated discussions about whether government agencies should even participate in return leasing transactions.
Returnable leasing constantly attracts the attention of the tax authorities: a transaction in which there is no explicit economic feasibility may be considered a form of tax evasion.
Signs of a fictitious leaseback transaction:
Like any other property transfer transaction, leasing has its risks - some of them have already been described above. According to the degree of riskiness, there are three types of leasing transactions:
1 Guaranteed
The process of transferring property is insured by specialized insurance companies or several other companies act as guarantors of the lessee, capable of fully reimbursing the value of the property to the lessor in case of violation of the contract.
2 Partially secured
The insurance deposit paid by the lessee to the account of the leasing company covers part of the value of the property. If for the entire period of leasing nothing not provided for by the contract happens, the funds will be returned to the buyer.
3 Unsecured
Transactions in which the parties do not guarantee each other the fulfillment of their obligations. Now such relations between the subjects of leasing are becoming less common, the lack of insurance usually “hints” at a dubious or fictitious transaction.
Usually there are five stages of the sale of property on lease. Let's look at each of them.
Stage 1. Analysis of the leasing market, selection of a leasing company.
The leasing market in the Russian Federation is almost identical to the size of the first hundred of the banking sector. You can choose a leasing company both by the offered conditions and by the reliability of the parent company. The rating of lessors is maintained, for example, on the portal banki.ru/products/leasing/companies/.
Stage 2. Analysis of the conditions offered by the lessor.
The most important points: initial payment (advance payment), monthly payment, overpayment amount, repayment period and schedule, conditions for terminating the leasing agreement.
Stage 3. Drawing up a leasing agreement.
To draw up the text of the contract, the lessor usually requires the following documents:
Also, the leasing company may require other documents.
Stage 4. Making an advance payment (initial payment).
The amount of the down payment usually starts from 5% (these are the conditions for most companies involved in the operational leasing of vehicles). On average, the market advance is 20-30%. After paying the required amount, the buyer receives the property for use.
Stage 5. Use of the property during the term of the contract.
The leased property must be used in strict accordance with the terms of the agreement. This applies to annual insurance, maintenance (transport, equipment) and, of course, the timely payment of monthly payments.
Regular payments under leasing agreements can have one of three types of schedule:
1 Regressive - the first payments are the largest, then they decrease. An analogue of differentiated payments on loans. This scheme allows you to minimize interest payments.
2 Annuity - payments in equal installments. The most "expensive" schedule, because the first payments go almost entirely to repay the lessor's interest/margin.
3 Seasonal - a schedule adapted to certain types of business (for example, agriculture, where the main profit falls on autumn and winter - during these periods, payments increase compared to average, in other seasons they decrease).
Other special payment schedules can also be used, depending on the specifics of the activity. specific companies.
In each case, the answer to this question may be different. It depends both on the type of leasing and on the property, on the conditions of the lessor and the creditor bank, and many other aspects. Let's not forget that leasing is used primarily for business purposes, and lending conditions for legal entities and individual entrepreneurs differ significantly from those for "physicists".
Let's first look at the comparison outward signs. Suppose we decide to buy a car worth 1 million rubles. Let's compare the average parameters of the lending and leasing programs at the beginning of 2018.
If you put together all the characteristics by which you can correctly compare leasing and lending, you get something like this table:
| Options | Leasing | Lending |
| Subject | Legal entities and individual entrepreneurs. | Any individuals (including individual entrepreneurs) and legal entities |
| The right to property after the transaction | The object remains in the ownership of the lessor until the full payment of its value by the buyer | The property becomes the property of the client, remaining as a pledge to the bank |
| Terms of Service | The history of previous leasing transactions and credit history does not matter (except for fraudulent attempts) | A positive credit history is required |
| Payments under the contract |
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| Property depreciation | Accelerated depreciation may be applied to certain types of property For cars over 300,000 rubles and minibuses over 400,000 rubles, a depreciation reduction factor is applied | Normal depreciation calculation |
| Tax payments | ||
| VAT | Included in payments under the lease agreement. The tax can be presented for refund after the redemption of the property. | Is not a subject to a tax |
| Property tax | If the property is on the balance sheet of the lessor, the buyer does not pay tax. If the property is on the buyer's balance sheet, the tax is reduced by accelerated depreciation. | The property purchased on credit immediately becomes the property of the buyer, and tax is charged on it in full. |
There are differences in the purpose of leasing and credit for business purposes. In general, they can be expressed as follows:
From a formal point of view, leasing is similar to renting. In both cases, there is an owner of the property and a person who would like to get possession of this property, but does not immediately have the entire amount for the purchase. The owner, in turn, is ready to rent the property for use with a certain margin.
But along with the similarities between renting and leasing, there are significant differences.
| Options | Rent | Leasing |
| Formal parameters | ||
| Legislative framework | Civil Code of the Russian Federation, Article 34 Federal laws on certain types of lease. | Federal Law "On Financial Lease (Leasing)" |
| Timing | Most often short terms with the possibility of prolongation. | In a significant part of leasing transactions, the term of the contract is equal to the full depreciation period of the transferred property or close to it. |
| Subject | Any non-consumable property that is not limited in circulation. | Non-consumable property that is not limited in circulation and is not natural object(e.g. land). |
| Possibility of redemption of property at the end of the contract | No | there is |
| Right to property | use | |
| Who chooses the provided property | Landlord | Lessee |
| Package of documents | Proof of solvency is not required | Documents confirming the existence of the business and solvency |
| business diagram | ||
| Participants of the transaction | landlord, tenant | Seller, lessor, lessee. Banks, insurance companies, guarantor firms, etc. may also participate. |
| The status of the seller (manufacturer) of the property | Not included in the deal | A participant in the transaction concludes an agreement with the lessor. |
| Responsibility for the compliance of the property with the declared requirements | Bears the landlord | It is borne by the lessee, except for the situation when the property is offered for leasing by the lessor, and he is also looking for a seller. |
| Risk of accidental loss/damage to property | Bears the landlord | Bears the lessee |
| Subject of property insurance | Landlord | Most often, the lessee |
income tax
For the lessee, leasing payments are classified as other expenses (Article 264, Clause 1 of the Tax Code of the Russian Federation). Accordingly, the higher the payment, the less you have to pay income tax. This, according to the legislator, stimulates the development of enterprises and the renewal of fixed assets.
When concluding a leasing agreement, there are two options:
1 If the property is left on the balance sheet of the lessor
In this case, the lessee includes the entire amount of the lease payment in expenses.
For example, if the leasing contract is concluded for 24 months, and the total amount of payments without VAT is 300,000 rubles, then the monthly amount included by the buyer in his expenses will be: 300,000 rubles / 24 months = 12 500 rubles.
2 If the property is put on the balance sheet of the lessee
The property must be included in one or another depreciation group according to the cost of the lessor's expenses for the purchase of the leased asset and its pre-sale service. Depreciation is calculated depending on the group - the multiplying factor for some types of property can reach 3 (depreciation occurs 3 times faster than usual).
The lessee may include the leasing payment minus the depreciation of the property as part of the expenses.
Let's take the same example with a property leased for 300,000 rubles and a monthly payment of 12,500 rubles, and the cost of purchasing the leased asset (let it be a machine with program control belonging to the 5th depreciation group) was 200,000 rubles. The minimum period of use of property of the 5th group is 85 months. 200 000 rub. / 85 months * coefficient 3= 7058 rub.
This amount will be included in the expenses for determining the income tax base as the cost of depreciation. Plus, the expenses will take into account a part of the lease payment in the amount of 12500 - 7058 = 5442 rubles. As a result, the deduction will still be the same 12,500 rubles, but if it is not properly executed, income tax will have to be paid without any deductions.
value added tax
Under leasing agreements, you can receive a VAT refund from the state (Articles 171, 172 of the Tax Code of the Russian Federation). This will happen if you meet the following conditions:
Property tax
If the property remains on the balance sheet of the lessor, the lessee does not pay tax. When registering property on the balance of the lessee, you can reduce the property tax due to accelerated depreciation. The tax on movable property is not charged during the validity period of the leasing agreement, regardless of whose balance it is on.
Transport tax
Everything is simple here: this tax is paid by the party that registered the leasing vehicle with the traffic police or Gostekhnadzor, regardless of whose balance sheet this property is during the period of the leasing agreement.
Is it possible to close a leasing deal ahead of schedule?
In most companies, early redemption of the leased asset is provided (this item must be included in the contract). However, this is not the most profitable option for the lessee: in case of early payment of the residual value, the redemption amount is higher, and tax preferences are less. In addition, a quick buyout leads to increased attention to the transaction from the tax authorities: the Federal Tax Service can cancel the leasing agreement and recognize it as a commodity loan agreement. Then there will be no tax deductions at all.
In what cases should property purchased on lease be registered with the government bodies?
According to the legislation of the Russian Federation, it is necessary to register the following property and the right to it:
In each of these cases, the subject of leasing is registered by agreement between the lessor and the lessee for one of them. Upon termination of the lease agreement due to non-payment by the lessee of regular payments, the registration authorities cancel the record of the property user.
We have government agency. Can we lease property?
Yes, state and municipal institutions have the right to act as a lessee. However, for them, the law on leasing (Article 9.1) establishes a number of features:
The lessor delays the delivery of equipment, citing problems with the supplier. He refuses to compensate for the lost time, citing the fact that we were looking for a supplier ourselves. Is it legal?
Legislation (Article 34 of the Civil Code of the Russian Federation and Article 22 of the federal law “On Financial Leasing (Leasing)”) expressly indicates that the risk of the supplier’s failure to fulfill obligations under the leasing agreement rests with the party that selected the supplier. Most often, this role is played by the lessee. The same applies to the non-compliance of property with the objectives of the project. If you have chosen the equipment, and it turned out to be unsuitable, the costs are borne by you. If a leasing company was looking for a supplier or equipment, it will pay the costs.
What is subleasing?
This term is understood as the transfer of the right to use leased property to third parties. Let's say equipment was leased for a project. It's done ahead of time. To close the contract ahead of schedule means to incur losses in terms of tax compensation. A decision is made to sublease the equipment. The former lessee becomes the lessor. This requires permission for the transaction from the original lessor. The new lessee has the same tax preferences as the main one. If the main leasing agreement is violated (next payments are not made), the subleasing agreement is also recognized as invalid.
You often hear about fictitious leasing. What it is?
Most often, fictitious leasing is a cover for a purchase and sale transaction in installments. It is issued in order to receive tax benefits. Since many regions have programs to stimulate the development of the economy, leasing operations there are subsidized by public funds. This also opens up a wide scope for fictitious transactions.
In St. Petersburg and the Tyumen region, at the end of 2017, courts were held on high-profile cases about the theft of budget subsidies under fictitious leasing agreements: in the first case, 18 million rubles floated into the pocket of fraudsters, in the second - over 50 million. The scheme was the same: the authorities received a fake leasing agreement (in fact, no property initially existed and was not transferred), according to which the attackers received the stipulated regional programs reimbursement of the first installment or interest rate. In the northern capital, an employee of the business support center participated in the scheme, who turned a blind eye to the obvious fictitiousness of the contract.
So, leasing is one of the most convenient financial instruments that enable the company to upgrade fixed assets or purchase equipment for the development of new business lines. Its main advantage is that in order to implement their plans, the entrepreneur does not need to invest large own funds and jeopardize the financial stability of the company.
The state provides for a number of benefits and tax preferences for companies using leasing schemes for their development. Some particularly enterprising figures are trying to benefit from this through the use of fictitious leasing, but for such things you can get a criminal record under the article of the Criminal Code of the Russian Federation “Fraud”.
It should be borne in mind that leasing can not replace a loan in every case: the decision must be preceded by a careful calculation of the upcoming costs and consideration of the accompanying circumstances. However, the prevalence of leasing in the Russian Federation suggests that very often it is he who is the best option for expanding your business.
Video for dessert: 42-year-old extreme sportsman accelerated on a bicycle to 167 km / h
The concept of leasing (“to lease” - to rent out (English)) is one of the types of financial services, the essence of which is to finance the acquisition of fixed assets (for example, a car, special equipment or equipment).
In post-crisis conditions, when obtaining bank loans is very difficult, and attracting long-term investments is serious problem for Russian enterprises, leasing (financial lease) is the most effective business development technology. It makes it possible to expand the production base of the enterprise, introduce advanced technologies into production, increase the company's fixed assets, and purchase the latest equipment.
The leasing company acquires ownership of specific property and transfers it to a third party for use for a long period. In this case, the seller is chosen by a third party - the consumer of this financial service.
During the term of the lease agreement, the consumer pays the cost of the acquired property plus the lease fee. After the specified time and payment of the agreed amount, the property becomes the property of the tenant. A pledge, unlike a loan, is not required in a leasing transaction, and a long installment plan significantly reduces the amount of payments and allows you to optimally manage the company's assets.
The uniqueness of this financial instrument lies in the fact that leasing perfectly combines the characteristics of a long-term lease and a financial loan.
According to Rosstat, last year in Russian Federation investments in fixed assets increased by 6%. At the same time, according to independent financial experts, in 2010 the activity of the leasing market exceeded all forecasts. 46% of experts are convinced that in 2012 the leasing market will reach the pre-crisis level and reach one trillion rubles a year.
JSC Sberbank Leasing rightfully occupies a prominent place among leasing companies, providing a wide range of services throughout Russia. It is distinguished not only by the deepest knowledge of the specifics of the business, but also by its versatility and knowledge of the needs of customers.
The consumers of the leasing services of Sberbank Leasing JSC are legal entities (representatives of large, medium or small businesses). The prerequisites for active growth in the consumption of leasing services were both macro- and microeconomic factors. First of all, it is stabilization in the country's economy as a whole. However, the reduction of interest rates and the availability of services also play an important role.
Currently, there is an expansion of leasing transactions in the regions of the country, a lengthening of the economic cycle of leasing and an increase in the terms of leasing in general. According to forecasts of analytical studies of the Russian financial market, Sberbank Leasing JSC has every chance to become one of the leaders in the leasing market.
In the article we will define leasing in simple terms. We will find out what legal entities and individuals can buy on lease, and we will also analyze the leasing scheme using a specific example. We will consider the nuances of making lease payments and touch upon taxation issues.
What does leasing mean? Let's define it in simple terms. This is a kind of loan, according to which, instead of money, the client receives property for rent, with the right to receive it in the future. In economics, leasing is a financial transaction involving three parties: the seller, the lessor and the recipient.
Now let's talk about the economic meaning of the service. Using leasing, you can actually own the goods for a long time (up to 6 years) and benefit from its operation.
This effect is achieved due to the fact that you can use the property for its intended purpose immediately, as soon as you make an advance payment, which is 15-30 percent of the value of the property. The conditions are very favorable, since the remaining amount must be paid within the time period stipulated by a specific agreement.
Leasing also has features that distinguish it from ordinary rent and credit. For example:
In the case of a lease, after the end of its term, you are obliged to return the property to the landlord. The situation with leasing is different: you can buy the lessor's property at the residual value.
The main participants in the leasing process are the lessor and the lessee. The lessor is a banking organization and another company / that provides a leasing service, and the lessee is the one who receives property under the terms of a leasing agreement. The lessor may be the owner of the property or an intermediary between the supplier and the recipient. It turns out that the service can be issued both in a bank and in a leasing company.
As for who is provided with property on lease, in the Russian Federation such a service is available not only to legal entities, it is becoming increasingly important for individuals.
Speaking of legal persons, leasing is often used by enterprises to improve the material and technical base.
Since the transaction itself and the property that is leased are insured, another subject of leasing is the insurer.
And of course, the implementation of the procedure is impossible without the seller. In this capacity, the manufacturer of the goods, the official dealer or the owner of the property can act.
The most common leasing items are:
However, there are a number of restrictions. For example, you cannot lease:
All these criteria are regulated by the current legislation. But there are also restrictions that are developed by leasing companies:
Leasing in most cases is perceived only as a financial instrument that allows you to carry out business activities related to the use of various equipment.
This is due to the fact that a few years ago in the Russian Federation, leased property could only be used for doing business. And the legislation governing such relationships was very controversial, and different lawyers interpreted it differently. The ability to use leased property for the purposes of ordinary consumers became possible only by 2011.
Now let's look at the classification of types of leasing:
1. By the nature of the activity and the degree of payback, leasing is divided into operational and.
2. According to the form of the transaction, leasing is direct, indirect and returnable.
3.By leasing objects, the division is carried out as follows:
4. The division by leasing subjects implies the presence of:
5. According to the degree of risk, the division of leasing looks like this:
Also, a number of companies have corporate leasing programs aimed at cooperation with large corporations wishing to increase their fleet/modernize equipment. At the same time, applications submitted by corporate clients are approved in 99% of cases.
To understand the principle of operation of this service, let's consider how the acquisition of property in leasing takes place.
So, the client chooses the company and the type of property that he wants to receive for use. After the company is selected, negotiations are held on the terms of the transaction. The size of the advance payment, the term of the contract, etc. are discussed.
The client provides the necessary information to conclude an agreement. After a detailed study and signing of the contract, the first installment is paid, and the subject of leasing goes to the recipient of the property. If the contract provides for participation in the transaction of the supplier, then the obligation to provide property is assigned to him.
If the agreement has been fulfilled in full, all contributions have been paid, the ownership of the property passes to the recipient. The profit that is received from the use of property is also its property.
Let us give an example of a specific leasing transaction with settlements.
One of the telecommunications companies in Russia decided to modernize the network infrastructure and equip workplaces for employees of the new office. The market was analyzed and a leasing company was selected.
Taking into account the requirements of the client, the order looked like this:
The total cost of the equipment amounted to 1 million 800 thousand rubles.
Calculation:
At the end of the lease agreement, the customer will have equipment with a zero residual value on its balance sheet.
The lease agreement is writing in accordance with the requirements of the law and includes the following items:
When drawing up a document, it is important to ensure that the terms of the contract cannot be interpreted in two ways, the nuances of the transaction must be specified.
The rights and obligations of each of the parties are regulated by the Civil Code of the Russian Federation. The effectiveness of the entire transaction process depends on how carefully they are spelled out. The fundamental obligation of the lessor in this type of transaction is the acquisition of property from the seller and its transfer to the operation of the recipient.
The lessee has many more responsibilities:
The lessor has the right to withdraw the object of leasing if the recipient violates the terms of the contract. In turn, the lessee may demand the replacement of property if it does not comply with the terms of the contract, demand that the property be completed if this was not done upon delivery.
In Russian practice, the leasing mechanism has not yet been developed to the smallest detail, which significantly reduces its effectiveness. But this tool is developing dynamically and often allows companies to maintain financial stability.
Lease payment is a certain amount Money, which you will pay to the lessor during the term of the leasing agreement.
Payment schedules can be of several types:
The lease payment includes:
The conclusion of a leasing agreement allows you to save on paying several types of taxes at once, but above all, on income tax. If the property is the subject of a lease agreement, then an accelerated depreciation rate can be applied to it, which allows you to quickly take into account the costs associated with the acquisition.
In turn, the use of accelerated depreciation reduces the property tax base (in a number of regions there is a reduced rate).
This results in significant savings on the payment of transport tax. You can choose for whom to register the vehicle - for the recipient or the lessor - and then the registering party will pay the tax.
The leasing recipient has the right to receive a VAT deduction on the leasing payment every month. This is usually done after the lessee provides the invoices that the lessor issues to him.
Let's talk separately about the pros and cons of this financial instrument. Let us first analyze the main Benefits :
Flaws leasing also has. Among them are:
Concluding the conversation, it can be noted that leasing is more profitable for entrepreneurs than for ordinary citizens. But for physical leasing is more expensive than lending.
Hello, dear readers of the magazine site. Today everyone is trying, be it an entrepreneur or an individual, and especially this question relevant when you need to buy a car. In this article, we tried to describe in more detail what leasing is, how to arrange it, and what nuances are available during registration.
Today, there are profitable ways to bypass loan obligations and get your car on favorable terms, which we will talk about later and consider some real examples.
Many people, even those who make good money, very often use loans. This is a great way to get the desired thing, whether it's a car or an apartment, as quickly as possible and start using it right away. Not everyone is able to accumulate a large amount of money in order to pay immediately in cash, and in some situations it is not even rational. A separate type of loans is leasing, and despite the fact that many do not know the meaning of the word leasing, it is very easy to explain in simple words.
Leasing is in simple words: features and main types + examples of calculations
People often borrow money from banks, but the benefit of a bank loan is a big question mark. Of course, the conditions are different everywhere, but if we are talking about a large amount of money, then it is not difficult to guess that the interest will be appropriate. It seems that there is no way out of this situation, because the interest in all banks is high, and you want to buy a car right now. In such a situation, leasing will be an excellent alternative.
Literally from English, the word lease is translated as rent. It follows from this that leasing is a type of lease, however, in Russian legislation he has some distinctive features. In a nutshell, leasing is a cross between a lease and a loan. Its essence is that the company enters into an agreement with a person and buys some property for him. What exactly can be the subject of leasing, and what restrictions exist, will be discussed a little later.
The person who enters into the contract is called the lessee. He has the right to use the property that the company has acquired for him. This use is subject to a lease. Lessee contributes monthly payments, thanks to which, within a certain period, he receives a car, real estate, and so on. The company that provides this service is called the lessor.
The main difference between leasing and ordinary rent is that after the expiration of the contract, a person has the right to redeem the property for a certain amount, which is prescribed in advance. Along with this, the amount of the first installment is also prescribed, which is usually about 30%. There are companies that offer leasing without a down payment, but the conditions will be discussed a little later.
The subject of leasing transactions can be any non-consumable thing. More precisely, in the vast majority of cases, the following types of assets are leased:
It is worth noting that earlier there was another very important requirement for the subject of leasing transactions - it must be commercial and make a profit. It is not difficult to guess that such conditions made it impossible to lease cars, and this is a significant part of the market. This reason has become one of the main reasons for the abolition of this requirement, so now almost anything can be the subject of a transaction.
There is also one more nuance - the subject of leasing cannot be land. This is due to the fact that this property falls under the category of natural objects, so some restrictions are set for them. In addition, there are items whose free circulation is prohibited or restricted. You can't lease them either.
IMPORTANT: After the conclusion of the transaction, the subject of leasing, whatever it is, remains the property of the lessor. This is very similar to a bank loan, because when a person draws up a loan, for example, for a car, it also remains the property of the bank.
It should be borne in mind that the payments that the client makes are rental payments. The person pays for the use, so all the responsibilities for insurance and maintenance of the leased asset lie entirely with the lessor. It sounds very profitable, but despite the fact that the company will pay for such expenses, in the future they will still be compensated by payments made by the lessee.
We have already said that the property that a person receives is in both cases owned by the company. However, despite this, there is a very big and fundamental difference between a bank loan and leasing. In order to understand the differences in more detail, it is necessary to evaluate the pros and cons of both leasing and credit.
Credit
When a person takes any thing on credit, he immediately begins to use it, and he will have to give it back only if the conditions of the loan are not met. In this article, we do not consider the consequences of such actions, since it is clear that in both cases they will be deplorable. Much more interesting are the advantages of a bank loan:
In order to make the most complete picture, it is necessary to consider not only the pros, but also the cons. And the disadvantages of the loan are the following:
Despite the fact that the disadvantages of a loan are quite significant, people are very willing to use it, since it is far from always possible to draw up a leasing agreement.
Leasing
A loan and leasing have a lot in common, but they are still different types of contracts that have their own advantages and disadvantages. The main advantages of leasing are as follows:
There are not very many disadvantages of leasing, but they still exist. The main disadvantages are the following:
These were the main advantages and disadvantages of leasing and car loans. It is impossible to give a universal answer which of the contracts is more profitable, since each situation must be approached individually. However, if we are talking about buying real estate or a car, in this case, leasing is often much more profitable than a loan, but some people do not use it simply because they do not understand the essence of the transaction.
The lessee can be both an individual and a legal entity. The conditions for them, of course, will be different, and this is primarily due to the fact that in most cases legal entities enter into an agreement on commercial property, and individuals vice versa.
Leasing agreements can be very beneficial in terms of monthly installments, which are usually not very high. However, many lessees at the end of the term of the contract decide to buy out their property, and here the amount will already be more significant. There are very few leasing companies in Russia that are ready to offer clients leasing without a buyout. This is due to the fact that the sale of property after the lease requires additional funds and mechanisms, and this is very difficult and generally a separate type of business. Nevertheless, such a company can be found, but the benefit of the contract in this case will be a big question.
The lessor often determines the minimum down payment. This means that if the lessee wants to pay a large amount, he has the right to do so. In this case, the terms of the lease will be even more favorable. This is unlikely to affect the amount of monthly payments, but the amount of the ransom will be significantly reduced.
One of the main advantages and features of leasing is that its registration takes very little time. This is due to the fact that the leasing company does not require the collection of a large number of documents. Accordingly, the processing of the appeal and the adoption of a decision takes a minimum of time, and in some cases the client can receive a response within 24 hours.
The reason for such fast processing and undemanding is that leasing companies do not issue a mortgage on the property. They simply buy it and register it as their property, which greatly simplifies and speeds up the whole process. The lessee, in turn, receives the property only for use with the right to purchase.
Tip: As noted earlier, in order to profitably arrange leasing, you must try to make the largest possible amount of the first payment. Most often, this does not affect payments, but there are exceptions, and the amount of the ransom will be less in any case.
Lessors' advertising campaigns are often full of headlines about low interest rates. In fact, you need to be very careful with this, since the scheme for calculating annual interest here is somewhat different from the bank one. As an example, we can take the conditions offered by the most popular bank in Russia - Sberbank.
Advance payment, that is, the first installment must be at least 10%. This is more of an advertising move, since in practice it is usually in the region of 20-30%. For example, let's take the average - 25%.
Sberbank offers its clients a financing amount of up to 24 million rubles. This is the amount that will be spent on the purchase of the property itself, and 25% of this amount will be paid by the client in advance. For example, if a bank buys a car for a client worth 10 million rubles, the client immediately makes an advance payment (10,000,000 * 0.25 = 2,500,000). It turns out that the real amount of the loan is 7.5 million.
The rate of appreciation depends on the specific conditions, but since we are considering a typical example, we will take an average rate of 4%. 7,500,000 rubles that the bank issues is the body of the debt. To derive the total amount of the contract, imagine that we took out a loan for 5 years and use the following formula:
Body of debt (7,500,000) + interest on a loan (4,000,000) + tax (500,000) + VAT (1,000,000) = total contract amount (13,000,000)
This formula does not include an advance, as it is immediately transferred to the bank account. If we add an advance payment, then in the end the client will pay the bank 15,500,000 rubles. This is about 18% per annum.
All calculations in this formula are rounded in order to more clearly show exactly how interest on leasing is calculated. In this case, the appreciation rate is added to the loan rate, which in Sberbank is about 10%. That is why you should not immediately rush into seemingly favorable conditions, because, as it turned out from the calculations, the final percentage was about 18.
Leasing is a very common practice in modern business. This is due to the fact that the terms of the agreement are often much more profitable than for a loan, and this is fundamentally important for business. There are 5 main areas of application of a leasing agreement in business, and each of them should be discussed in more detail:
Car leasing is the most popular and common way to use a leasing agreement, but in this case we are not talking about personal, but about commercial use of vehicles. This is fundamentally important, since cars are rarely purchased for these purposes. The subject of leasing in this case is usually trucks, trucks, buses and so on.
The lessees in this direction are usually transport and. Leasing is especially beneficial for start-up companies, since at the start they do not have such a large amount of funds to purchase the required amount of transport. By contacting a leasing company, the company can purchase enough cars and start its activities. After that, the first profit will begin to appear, and in a few years, when the contract ends, the company will already have enough funds to buy out its fleet. It is also worth noting that there are significant differences between leasing and.
The terms of the contract in this case will be very loyal, since the lessor receives a large client. This is a good deal for both parties, so this practice is very common in the transport and logistics environment.
For many large companies that already have a fairly large amount of property on their account, leaseback becomes an excellent means of overcoming the crisis and attracting additional funds to production.
The essence of this agreement is that the lessor buys the property from the lessee, and then immediately rents it out. Thus, a company can receive significant funds for existing assets, whether it be cars, machines, real estate, and so on, but at the same time not turn it off from production.
All property becomes the property of the lessor, and the client only makes monthly payments. When making such a transaction, 2 contracts are concluded. First, the contract of sale, which confirms the transfer of property to the ownership of the leasing company. After that, a standard leasing agreement under which the client receives the property for use.
The essence of operating leasing is that it does not provide for the right to buy out the property that is leased. This type of transaction is necessary in cases where a company needs additional assets to support the operation of existing business processes. Very often, companies are not interested in acquiring the property they lease. They need it only for a while, so this direction is very popular and in demand.
There are 3 parties involved in the transaction:
One of the main advantages of such cooperation is that companies that produce the subject of leasing very often cooperate with the lessee. This implies the presence of additional discounts, from which the conditions become the most favorable. In some cases, the amount of the discount may even cover all interest under the contract.
Any novice entrepreneur at the start of his business has some capital, which is most often not enough for anything. In this case, you can’t do without loans, but if we are talking about equipment, a leasing agreement would be a much more profitable option.
The advantage of such a transaction is that the entrepreneur will be able to pay for the equipment only when he makes a profit. This is very beneficial, because for small businesses on early stages it is very important to be as economical as possible. If the enterprise is not successful, and the entrepreneur does not have enough funds to buy the equipment, he may simply not do it. In this case, it is much more profitable than a bank loan, since there is absolutely no point in dodging and looking for money to pay for equipment if it does not make a profit. It is for this reason that this direction of leasing in business is one of the most popular.
This type of transaction is very much like an outsourcing contract. The lessee can without any problems provide his company with personnel by concluding an agreement with the relevant company. The main difference from outsourcing is that employees will work not in a third-party firm, but in the client's company.
However, it must be remembered that the staff receives their salary from the lessor. For the client's company, this may be less profitable in terms of direct costs, but if we take into account the total cost of providing work, including taxes, social contracts, and so on, it turns out that in many cases it will be much more profitable to complete this transaction than to hire people on their own. .
Personnel leasing is popular in almost all types of business, but it is especially relevant in those companies that do not work in the manufacturing sector, but in the service sector.
These were the 5 main areas of leasing for business. Naturally, this type of contract has much large quantity applications, but these are the most popular and in demand. How such transactions are applied by individuals will be discussed further.
Car leasing transactions occupy a large part of the market. This is due to the fact that a car is an ideal subject of leasing and there are a huge number of situations in which such transactions will be much more profitable than a loan. Next, we will talk about what features it has, as well as what subtleties must be taken into account when concluding an agreement.
Almost every person knows what a loan is, but with leasing everything is not so good. Many people rush to conclude an agreement after listening to promises in advertising campaigns. As a result, it turns out that the conditions are not at all what was expected. The consequences of signing an unprofitable contract are usually deplorable.
IMPORTANT: Before you go to arrange car leasing, each person should carefully read the requirements and conditions. This is a completely different kind of deal, different from both a loan and a lease, so you need to understand it before you start using it.
First of all, you need to decide whether you want to buy the car after the expiration of the contract. In theory, leasing provides that redemption is not required at all. A person can simply use the vehicle for several years, after which it must be returned to the company.
It is not only very profitable, but also convenient. A person simply makes monthly payments and does not worry about paperwork. Insurance, care, condition tracking - all this lies on the shoulders of the company. Naturally, the one who uses the car will have to pay, but not directly. All costs are included in monthly payments, so the only thing the driver has to think about is the timely payment of the rent.
As for the buyout, many clients would probably prefer not to do so. However, practice shows that this is possible in very rare cases. Most often, if companies offer to lease a car without a buyout, then the amount of the monthly payment in this case practically does not differ from the one that is issued in the case of a buyout. That is, roughly speaking, it is much more profitable for a person after the conclusion of the contract to pay a certain amount and keep the car for himself than to be left without everything. This is the main feature of car leasing for individuals.
As for documents, only a minimal set of a passport and a driver's license is required. With these papers, you need to come to the selected organization and conclude an agreement.
The leasing company will offer the client to fill out an application, after which it will be sent for consideration. From filing an application to making a decision, it usually takes no more than 2 days. Why leasing companies are so undemanding in terms of documents was described above in the article.
If we are talking about legal entities, then most often not one car is involved in such transactions, but several at once. This is a very large contract, and 3 parties are going to conclude it: the recipient of the lease, the lessor and the supplier from whom the car will be purchased.
The process itself is quite fast. It is easy for legal entities to buy a car on lease, because there is no need to worry about the nuances of the purchase, since all of them are decided between the lessor and the seller. For a legal entity in this case, only the lease agreement itself is important. It is concluded very quickly and with a small set of documents, which is a big advantage of such transactions over bank loans.
The main responsibility of the lessee is to make payments on time and maintain the vehicle in good condition. That is, if there are any breakdowns, he is obliged to fix them. The repair fee will be included in the monthly payments. When the contract ends, the car must be in full working order and free of any defects. This is especially true in cases where the vehicle is not redeemed.
Despite the fact that the lease agreement is very simple, many people get confused in it, so for additional confidence it is better to study the form in advance. An example of a lease agreement can be downloaded from the link below.
There are not many leasing companies in Russia, so the choice of clients is not very large. Nevertheless, sometimes you have to choose, and in order to take the maximum the right decision, you need to follow 5 main tips that have repeatedly proven their effectiveness in practice:
Well, in order for you to be able to find a company with the best conditions, here are the main companies from which you can choose in Russia:
In the end, I would like to say once again that leasing is a cross between a lease and a loan. In many situations, this is convenient, but before concluding an agreement, it is necessary to correctly calculate your strength so as not to get into an uncomfortable financial situation.
It is no longer possible to imagine modern entrepreneurial activity without leasing. However, for many people this concept remains completely incomprehensible, so they turn to search engines with the question: what is leasing in simple terms?
Leasing- one of the varieties of financial services, which involves the transfer of property for a long-term lease with a further right to purchase or return it. Unlike a conventional lease, a leasing transaction involves not two, but three parties. Each of them has its own legal rights and obligations. The main legal norm that regulates this sphere of relations is Federal Law No. 164-FZ “On Financial Lease (Leasing)”, which has been in force since 1998.
Based Art. 4 No. 164-FZ The subjects of leasing are:
Subjects of leasing
Many ordinary people are wondering: what are leasing companies? In simple words, these companies are key players on whose actions the state of the market depends. These include various enterprises, firms and organizations that are engaged in conducting leasing operations. Highly specialized companies, as a rule, work with one leasing object or a group of similar objects (for example, construction equipment). They have specialists in their staff who are engaged in maintaining the facility in a normal technical condition. Universal players deal with various items, often transferring their technical support to lessees. Along with leasing operations, similar companies provide a wide range of other services:
The unstable development of the economy and the protracted crisis of the financial market close access to credit for many entrepreneurs. Against this background, there is an outflow of capital and a decrease in investment attractiveness individual companies and entire industries. 
Under these conditions, leasing becomes almost the only possible technology for business development. Financial lease allows you to update the production base and expand fixed assets, and also ensures the introduction innovative solutions into production.
In simple terms, leasing is an effective financial instrument that contains signs of long-term lease and lending.
As a rule, vehicles, industrial equipment, aircraft, special equipment, material assets and even entire enterprises become the subjects of leasing. The current legislation provides ample opportunities for choosing an object of financial lease, referring to this category all non-consumable things. However, it also imposes certain limitations. So, it will not be possible to draw up a leasing agreement in relation to:
In addition, leasing companies may impose their own restrictions. Their list is individual and depends on the characteristics of the equipment itself and the policy of the company. Nonetheless There are a number of general parameters that lessors adhere to:
The refusal to provide leasing services in one company is largely a consequence of its internal requirements, so it makes sense to turn to its competitors in the future.
In addition to the undoubted advantages, financial lease has a number of typical disadvantages:
For a clearer understanding of how leasing works and what it is in simple terms, you can take a closer look at the standard scheme of this operation. A consumer who intends to enter into a leasing agreement chooses a specific type and brand necessary equipment and enters into negotiations with the manufacturer on the terms of delivery, at the same time notifying him of the desire to purchase the object with the help of a leasing company. After discussing all the details, the buyer contacts the company and provides it with all the necessary information (data about the equipment, information about the enterprise and its solvency, and a number of others).
Leasing deal scheme
If approved, a leasing agreement is drawn up between the parties, and the manufacturer of the equipment is notified about it. Then the leasing company and the manufacturer enter into a sale and purchase transaction. After the manufacture of the necessary equipment, the buyer accepts it and receives it for use.
