The term leasing comes from the English word "leasing" - rent. In English, there is the concept of operating and financial leasing. Operating lease corresponds to the concept of ordinary lease in Russian law, and finance lease - finance lease, or leasing. Therefore, using the term "leasing" in relation to Russia, we mean financial leasing 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 lease agreement to individuals or legal entities for a specified fee for a specified period on certain conditions stipulated by the agreement, with the right to buy the property by the lessee. Consequently, leasing is a type of entrepreneurial activity aimed at investing financial resources in the acquisition of property in ownership and its transfer to lease.

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

Leasing 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, according to which the lessee (lessee) can use the property owned by the lessor (lessor) and purchased at the request of the lessee for a certain periodic fee. The most important element of this treaty is that legal property(retained by the leasing company) separates from the economic use of the asset(owned by the tenant). The leasing company is interested in the tenant's ability to pay rent, and not in 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 away for use with the condition of a mandatory gradual purchase during the term of the contract. In fact, the lessor's role is to finance the purchase of the property and ensure its delivery, installation, commissioning and start-up. The ownership of the transferred property remains with the leasing company until the full settlement of the contract.

An enterprise or an entrepreneur does not have to own property in order to work 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 for ownership. The leasing mechanism allows them to acquire the right to use the equipment for a certain period for a reasonable rent. It also provides for the option when the equipment becomes the property of the enterprise upon the expiration of the agreed period for using it.

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

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

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

The subject of a finance lease there can 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 does not apply to real estate: machinery, equipment, computers, 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, motor vehicles and aircraft, telecommunications equipment; a significant share of special equipment for the mining, oil and gas industries.

Leasing entities

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

Lessor(lessor) - a person who specifically acquires property for renting it out;

Lessee(lessee) - a person who receives property for temporary use;

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

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

In the ordinary lease involved only two subjects:

Landlord;

Tenant.

Also, in ordinary leases, the lessor purchases 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.

Operating lease

Operating (service) leasing - it is an agreement that is less than the full depreciation period of the leased asset (typically 1 to 3 years). At the same time, the fee stipulated by the contract does not cover the full value of the asset, which makes it necessary to lease it several times.

The most important distinguishing feature of an operating lease is the lessee's right to early termination of the contract. Such agreements may also provide for the provision of various installation and ongoing maintenance services for the rental equipment. Hence the second, often used name of this form of leasing - 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, copying and duplicating equipment, various types of office equipment, etc.) and technically complex ones that require constant maintenance (trucks and cars, air aviators, rail and sea transport, construction equipment) types of equipment.

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

In particular, the possibility of early termination of the contract makes it possible to timely get rid of obsolete equipment and replace it with a more high-tech and competitive one. In addition, in the event of unfavorable circumstances, the company can quickly wind up given view activities by early return of the relevant equipment to the owner, and significantly reduce the costs associated with the liquidation or reorganization of production.

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

The use of various services provided by a leasing company or an equipment manufacturer can often reduce the cost of ongoing maintenance and staffing.

The downside of these advantages are:

Higher than with other forms of leasing, rent;

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 within the scope of 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 purchase of an asset into ownership with the subsequent lease (temporary use) for a period close to its useful life (depreciation). Payments under such an arrangement generally provide the lessor with full reimbursement of the costs of acquiring the asset and providing other services, as well as related profits.

After the expiry of the transaction, the lessee can return the asset to the owner, conclude a new lease agreement or buy the leased asset 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 operational financial leasing, it significantly reduces the risk of the property owner. In fact, its terms are in many respects identical to the agreements concluded when obtaining bank loans, as they provide for:

Full or almost complete reimbursement of the cost of equipment;

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

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 long term lease- returnable and separate (with the participation of a third party).

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

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

At direct leasing the lessee enters into a lease agreement directly with the manufacturer (i.e. directly) or a leasing company created under it. The largest manufacturers - world market leaders, such as IBM, Xerox, GATX, BMW, Caterpillar and others, are 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, the lease payments must go to the main lessor. Such transactions are called "subleasing" (subleasing).

Interpretation of leasing, carrying out similar operations and their legal regulation in the Russian Federation have a certain specificity. According to the legislation (Article 665 of the Civil Code of the Russian Federation), under a financial lease agreement (lease agreement), the lessor undertakes to acquire ownership of the property specified by the lessee from a specified seller and to 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, for which the following specific features are characteristic:

The third obligatory participant is the equipment supplier;

The presence of a complex of contractual relations;

Special purchase of equipment for leasing;

The 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 Leasing (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 can be any non-consumable things (enterprises, property complexes, buildings, structures, equipment, transport, movable and immovable property, etc.) used for entrepreneurial activity.

The subject of leasing in the Russian Federation cannot be:

Land plots and other natural objects;

Property withdrawn from circulation or restricted in circulation;

The results of intellectual activity.

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

A lessor is an individual or legal entity who, at the expense of attracted and (or) own funds, acquires property in the course of the implementation of a lease agreement and provides it as an object of lease to the lessee for a specified fee, for a specified period and under specified conditions for temporary possession and use with or without the transfer to the lessee of ownership of the leased asset;

Lessee - a natural or legal person who, in accordance with the lease agreement, is obliged to accept the leased asset for a specified fee, for a specified period and under specified conditions for temporary possession and use in accordance with the lease agreement;

Seller - an individual or legal entity who, in accordance with the sale and purchase agreement with the lessor, sells to the lessor within the specified time period the property that is the subject of lease. The seller is obliged to transfer the leased asset to the lessor or lessee in accordance with the terms of the purchase and sale agreement. The seller can simultaneously act as a lessee within the same leasing legal relationship.



Leasing

(Leasing)

Definition of leasing, types of leasing, lease agreement

Information on the definition of leasing, types of leasing, leasing

financial leasing

Financial leasing is characterized by the fact that the period for which the property is transferred for temporary use is close in duration to the period of its operation. The main responsibilities for the property (maintenance, repair, insurance) are shifted to the user and the supplier.

Financial leasing is similar to long-term lending. The difference from long-term lending is the transfer of ownership of the object - upon completion of the last payment.

The subject of financial leasing can be any non-consumable things (buildings, structures, equipment, cars, including enterprises) that can be used for entrepreneurial activity. But the subject of financial leasing cannot be land plots and other natural objects.

Financial lease agreement

The financial lease agreement is mandatory, regardless of its validity period, is concluded in writing... In addition to the main leasing transaction, the participants in these legal relations can conclude other obligatory (purchase and sale) and related agreements (on raising funds, guarantees, sureties, and others).

The financial lease agreement must contain data related to the leased property. In the case of their absence, the agreement has no legal force.

Based on a leasing agreement:

The lessor undertakes:	The Lessee undertakes:
Acquire a certain property from a certain seller in order to transfer it for a certain fee for a certain period, on certain conditions, as an object of lease to the lessee; To fulfill other obligations arising from the content of the lease agreement.	Accept the leased asset in the manner prescribed by the specified lease agreement; Pay the lease payments to the lessor in the manner and within the time frames provided for by the leasing agreement; Upon the expiration of the lease concession, return the leased item, unless otherwise provided by the said lease agreement, or acquire the leased item into ownership on the basis of a purchase transaction - sales;

Disputes arising from the Agreement are considered in the Arbitration Court.

Operational (service) Leasing

Operational (service) Leasing in terms of duration is much shorter than the Shelf life of the equipment, and the amount of User Payments is much higher than in financial leasing.

Operational Leasing is a Current Rent Agreement. As a rule, the term of such an Agreement is less than the Period of full Wear leased funds. Thus, the lease payment stipulated by the contract does not cover the full Cost of the Leased item, which makes it necessary to lease it several times under a contract / p>

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

The main objects of operational leasing include rapidly aging types of equipment (computers, copying and duplicating equipment, other types of office equipment) and technically complex, requiring constant service(trucks and cars, air airliners, rail and sea transport) various types of vehicles.

In general, the terms of operating lease are more beneficial for the lessee. In particular, the possibility of early termination of the rent allows you 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 unfavorable circumstances, the lessee can quickly terminate this type of activity by early return of the relevant equipment to the owner, and significantly reduce the costs associated with the liquidation or reorganization of production.

In the case of implementation of one-off projects or orders, operational leasing frees you from the need to purchase and subsequent maintenance of equipment that will not be needed in the future.

The use of various services provided by the lessor or the equipment manufacturer can often reduce costs for routine maintenance and the maintenance of the relevant personnel.

Disadvantages of operating leasing:

higher than with other forms of leasing, rent;

requests for advances and prepayments;

the presence in contracts of clauses on the payment of penalties in the event of early termination of the annuity;

other conditions designed to reduce and partially contract the risk of property owners.

Leaseback

Leaseback is a system of two agreements in which the owner sells the equipment to another party while concluding an agreement on its long-term rent from the buyer. As buyer here are usually private banks, investment, insurance or leasing organizations. 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 his disposal. it also credits the former owner, receiving as security the ownership of his property. Such transactions are often carried out during a business downturn in order to stabilize the financial position of enterprises.

Direct leasing

In direct leasing, the lessee enters into an agreement with the leasing company to purchase the required equipment and then rent it out to it. Often the rental agreement can be entered into directly with the manufacturer (ie directly). The largest manufacturers who provide their products on a lease basis are well-known firms such as IBM, Xerox, and many aviation, shipbuilding and automotive firms.

Subleasing

Subleasing is a type of sublease of a leased asset, in which the lessee under a lease agreement transfers to third parties (lessees under a subleasing agreement) for possession and use for a fee and for a period in accordance with the service agreement of subleasing the property previously received from the lease under the lease agreement and constituting the leased asset ...

When transferring the subject of leasing to subleasing, a written co-agreement of the lessor must be mandatory.

In a sublease, the main lessor gets the pre-emptive right to receive the lease payments. The contract usually stipulates that in the event of a third-tier bankruptcy, the rent goes to the main lessor.

or Leasing with additional fundraising

This is the most complex view Leasing, as it is associated with multichannel financing and is used, as a rule, for the implementation of expensive projects.

A distinctive feature of this type of leasing is that the lessor, when buying equipment, pays out of his funds not the entire amount, but only a part. The rest of the amount he borrows from one or more Borrowers.

Another feature of this type of leasing is that the lessor takes out a loan on certain conditions, which are not very typical for domestic financial and credit relations. The loan is taken without the right to file a claim against the assets of the lessor. Therefore, as a rule, the lessor draws up in favor of the Borrowers Securing debt to the property until repayment of the Loan and assigns to them the rights to receive a part of the lease Payments towards repayment of the Loan.

Thus, the main Risk the transaction is borne by the Borrowers - Banks, insurance organizations, investment funds or other financial institutions, and only leasing payments and leased property serve as collateral for the repayment of the Credit.

Other types of leasing

Revolving (renewable) Leasing means that the user has the right at the end of the Term to extend the Agreement, while changing the Leasing object depending on Depreciation taking into account the relevant Cost... The number of objects and the terms of their use are not discussed in advance.

General Leasing includes the additional right of the lessee to supplement the list of leased property without concluding new contracts.

"Wet leasing" - the obligation of the lessor to repair, maintain machinery, equipment, pay taxes, insurance, etc.

Leasing with a full range of services - “wet leasing” +, Raw materials supply company, etc., that is, participation in the operational-commercial Work tenant.

Internal Leasing. When carrying out internal Leasing, the lessor, lessee and the Seller (supplier) are the Residents of Russia. Domestic Leasing is regulated by Russian legislation.

International Leasing. When carrying out international leasing, the lessor or lessee is Non-resident Russia.

If the lessor is Resident Russia, that is, the subject of Leasing is owned by the Resident of Russia, the International Leasing Agreement is governed by the legislation of Russia.

If the lessor is a Non-resident of Russia, that is, the subject of Leasing is owned by a Non-resident of Russia, then the International Leasing Agreement is governed by federal Laws in the field of foreign economic activity.

Long-term Leasing - Leasing carried out for three or more years;

Medium-term Leasing - Leasing carried out for one and a half to three years;

Short-term Leasing - Leasing carried out for less than one and a half years.

Legislation about Leasing

Until 1995, there was no detailed regulation of the Leasing Institute in the Russian civil legislation. The Federal Law No. 395-1 of 02.12.1990 "On Banks and Banking Activities" (currently in force as amended on 29.07.2004) only mentioned the right of Banks to carry out leasing operations. Instruction of the State Tax Service "On the taxation procedure Income Banks "dated 04/07/1992 No. 10 # S (expired) defined leasing operations as an Agreement related to the provision of movable and Real estate for a long term, as well as an Agreement for the lease of property acquired in advance for a specified period to meet the temporary needs of the tenant. This explanation equated Leasing with Rent, which, however, does not correspond to the established practice, as well as to foreign legislation. Adoption of the Presidential Decree No. 1929 dated 17.09.1994. "On the Development of Financial Leasing in Investment Activity # S" (expired) turned on the green light on the way of promoting Leasing in the area of ​​active entrepreneurship. It became the first legal foundation of Leasing. The current Federal No. 164-FZ of October 29, 1998 (as amended on January 29, 2002 and December 23, 2003) is also imperfect. Also, imperfection of tax and customs legislation, instability in the financial market to a large extent restrain the widespread use of leasing in Russia. The difficulty of attracting borrowed funds for leasing operations and the absence of even declarative recognition of Leasing by state institutions as a type of entrepreneurial activity hindered the use of Leasing as an effective tool to support, first of all, farming and small business.

Thus, at present, the rights and obligations of the participants in the Leasing Arrangement are mainly regulated by Federal Law No. 164-FZ of October 29, 1998 "On Financial Rent (Leasing)" (as amended on January 29, 2002 and December 23, 2003), Federal Law No. 395-1 of December 2, 1990 "On Banks and Banking Activities" (as amended on July 29, 2004), chapter 34 of part II of the current Civil Of the Code RF, Articles 257-259, 264-265, 269, 272, 309-310, 346.5, 346.13 of Part II of the current Tax Of the Code RF, as well as other applicable legislative acts.

Financial leasing (Leasing) is regulated by: the Civil Code of the Russian Federation, the Federal Law "On Financial Rent (Leasing)" (dated October 29, 1998, No. 164-FZ), as well as numerous bylaws.

Leasing is a set of economic and legal relationship arising in connection with the implementation of the Leasing Agreement, including the acquisition of the subject of Leasing (Article 2 of the Leasing Law).

Financial Rent Agreement (Leasing Agreement) - An agreement under which the lessor undertakes to acquire ownership of the property specified by the lessee from the specified Seller and provide the lessee with this property for a fee for temporary possession and use for business purposes. In this case, the Landlord is not responsible for the choice of the subject of the Rent and the Seller. The financial annuity agreement may stipulate that the choice of the Seller and the acquired property is made by the lessor. (Article 665 of the Civil Code of the Russian Federation).

Leasing agreement is consensual, bilateral and onerous. This Agreement may only negotiate for business purposes. Thus, the parties to the Leasing agreement can only be entities that have the right to carry out commercial activities.

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Why Leasing?

Leasing is a form of lending that provides the Company with the opportunity to receive equipment (other means of production) for use immediately after the conclusion of the leasing agreement and pay off gradually. Thus, Leasing increases the possibility of attracting borrowed funds by the buyer, without requiring him to secure the debt or Sureties, which is necessary when obtaining a bank Loan. It should also be noted that the leasing arrangement is easy to draw up - the whole procedure takes no more than one day, while a bank loan is issued in about 30 days.

Benefits of Leasing

The main advantage of Leasing, which explains its growing popularity in Ukraine, is the ability to use credit resources without paying for the services of an intermediary bank, as well as (accelerated, etc.).

leasing rates are usually lower than bank rates;

Leasing does not require Debt security and Sureties;

the leasing agreement can be drawn up within one day;

the lessee includes the lease payments in the original cost of the product, thereby reducing the taxable profit;

property in Leasing, as a rule, is reflected on the balance sheet of the leasing organization, and does not impair the lessee's liquidity indicators;

Tax the property is paid by the leasing organization, and due to the use of accelerated depreciation, the period of complete write-off of equipment is reduced by three times.

Leasing allows commodity producers to regularly update the fund of means of production in accordance with the modern requirements of the Market, without reducing the efficiency of use working capital.

Financial leasing

Financial Leasing is a type of civil law relationship that arises from the Financial Leasing Arrangement. Under a financial leasing agreement (hereinafter referred to as the Leasing Agreement), the lessor undertakes to acquire ownership of the property from the Seller (Supplier) in accordance with the specification and conditions established by the lessee, and also to transfer it to the lessee for use for a specified period of at least one year for the established Payment (lease payments).

Operational Leasing

Operational Leasing (rent) is a business transaction of a physical or legal entity. a person who, in accordance with the Leasing (Rent) agreement, provides for the transfer to the lessee of property that falls under the definition of a fixed asset in accordance with Article 8 of the Law of Ukraine "On Taxation of Profits of Enterprises", acquired or manufactured by the lessor on terms other than those provided for by the agreement ).

Benefits of Leasing for the Lessee

The leasing object may not be subject to the penalty of third parties.

The object of Leasing cannot be an object of tax collateral for the debt.

For financial leasing:

The Lessee credits the Leasing object to its balance sheet.

The lessee charges amortization.

The Lessee receives a Tax Loan immediately for the entire Cost of the Leasing Object.

Interest (remuneration) on financial leasing is not subject to VAT.

For operational leasing:

The Lessee treats each lease payment (including advance) in full in its gross Costs, in contrast to the Loan, which is paid from the profit remaining after tax.

The Lessee shall include VAT in each payment in the Tax Loan and reduce its obligations to pay VAT c.

Payments are formed in equal installments for the entire validity of the leasing agreement.

Operational Leasing - long-term car rental, taking into account and tax depreciation on the balance sheet of the lessor.

Features of operational leasing :

Optimization of taxation: Payments for operational leasing of commercial vehicles are 100% attributed to gross Expenses.

Optimization of administration of Payments:

all accounting and other documentation related to the use of a car is drawn up and recorded by the leasing company

you pay monthly payments in one amount.

More favorable conditions and quality service compared to the Loan.

No problems related to property rights.

The Leasing object is on the balance sheet of the lessor

At the end of the Lease Term, the Lessee has the preemptive right to buy out the vehicle or Renew the Leasing Agreement based on the residual Value.

Car fleet renewal every 2-4 years.

Provision of a new car immediately after the end of the term of the Leasing Arrangement without the first Payment.

Development of Leasing in the Russian Federation

The relevance of the development of Leasing in the Russian Federation, including the formation of the leasing market, is primarily due to the unfavorable state of the equipment park: a significant specific gravity obsolete equipment, low efficiency of its use, lack of availability of spare parts, etc.

At the present stage, there is a need to modernize the Enterprises, raise the level of their technical re-equipment, and create new jobs. Due to the use of leasing schemes for the technical equipment of the Enterprises, there will be an increase in Production facilities business entities, money emission by them of high-quality competitive products, an increase in Profits and tax revenues to budgets of various levels.

The transition to a market economy has now set before manufacturing enterprises various Industries Industry a number of problems, the main one of which is the following: how to establish oneself in the conditions of increasing competition, decreasing market share, difficulties in finding partners and limited financial resources.

However, despite the existing financial and technical problems, foreign Suppliers industrial equipment and various types of technology are showing significant market interest. The main activity of such companies is Import equipment and technology in the Russian Federation. To minimize the Risks in the implementation of such transactions, it is advisable to use advanced financial technology suppliers in general, and Leasing, in particular.

Since leasing operations are an effective and real capital-saving method of financing production, today Leasing is the most promising financial instrument capable of effectively developing production, activating investment Process in the country.

Thus, the current economic situation in the Russian Federation, according to experts, favors Leasing. The form of Leasing reconciles the contradictions between an enterprise that does not have funds for modernization, and an investor who is reluctant to provide this Enterprise with financial resources, since it does not have sufficient Warranties their return.

Etceuassets of Leasing

When using Leasing, Companies receive a number of advantages that cannot arise with other forms of financing.

Along with the fact that Leasing is often practically the only available financing instrument with insufficient funds for the purchase of equipment, it provides a number of "free" Benefits in the interests of all members of the Leasing, which makes it more attractive and accessible.

The main advantages of Financial Leasing for the lessee are:

The ability to modernize and expand fixed assets without diverting their own resources;

The possibility of obtaining a long-term loan Capital for business development without involving a bank advantages rationing and maintaining its credit potential;

Optimization of taxation. All Operative Lease Payments are charged to the Expenses of the Lessee's Enterprise, which reduces Income tax;

Convenient Payment Schedule, which allows you to predict the Cost budget throughout the Leasing Term and thereby carry out tax planning based on the forecasted Financial flows Businesses, Optimize Expenses and Forecast Profits;

Leasing does not require additional collateral;

The use of the Leasing scheme allows the Company not to worsen its economic indicators in terms of the ratio of borrowed and own funds in the structure of the balance;

Leasing frees the lessee from the procedures and costs associated with owning the property;

The most important of the advantages is the greater availability of Leasing for the Company in comparison with bank lending. Almost no Ukrainian finances high-risk projects, as well as projects that do not have sufficient collateral or a stable credit history. Since the activities of leasing companies are not subject to strict regulation, the procedure before advantages equipment in Leasing is easier than attracting Loans.

Leasing or Loan

In search of financial resources for business development, most companies prefer a bank loan. But, as experts note, Organizations with Progressive Management are constantly looking for new ways to solve old problems. This is facilitated by both the emergence of new tools and the increase in the attractiveness of existing ones. Leasing is one of such alternative instruments, to the use of which experts have noted an increase in interest lately. This trend is primarily formed due to the active entry of new companies, mainly established by foreign banks. Let us consider the feasibility of using Leasing or Loans using the example of solving a common problem - the purchase of vehicles by the Organization.

Hello! In this article, we'll talk about what leasing is and how to use it. In a difficult economic situation, when banks require exorbitant interest on loans, and lease 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? What types of leasing are there? What are the advantages of such a deal? You will learn about all this in this article!

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What is leasing in simple words

Leasing - this is the same lease. (Translated from English "Lease" - "rent"). But there are a number of significant differences.

Let's consider the scheme using an example:

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

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

As you can see from the example, there are three parties involved in the leasing process:

• Recipient of property- a person (natural or legal) to whom the leased item is leased for some time, with the possibility of its full redemption;
• Leasing company- the party acquiring the equipment: real estate, transport, equipment or an entire enterprise.
• Salesman- the party that sells the above valuable property.

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

Purpose of leasing for a company- to expand production, modernize technologies, which will lead to an increase in profits.

The lessor 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, transport, etc.

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, to which, according to the law, special conditions of use are applicable, for example, military items. You cannot 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.

Leasing companies set their own limits. They depend on the lessor's policies and on the items themselves. There are also parameters common to all for objects that are not leased:

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

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

Leasing types

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

• Returnable;
• Operating;
• Financial.

There are also leases 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

Leaseback

This is a special kind of deal. In this case, the lessee and the seller of the property are one person. The company 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 removed. The company received a large sum, which it can immediately use to increase profits or other needs. At the same time, it pays small payments every month. Such a transaction looks like a loan secured by property, only there is no interest in the bank.

Leaseback leasing is beneficial for companies that need additional funds for development. After all, there is an opportunity to receive money from the leasing company and the equipment will not be lost, and the production process will continue.

But there is a significant disadvantage. Chained to leaseback transactions Special attention tax services. They may consider such contracts as a way 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 expediency, then the fiscal authorities will not have grounds for a fine.

The tax office compares the terms of the lease and the 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 the deals that attract the attention of the fiscal authorities:

• The leaseback agreement was signed by two dependent parties. By law, this is possible, but in practice, the FTS does not pay VAT refunds for this very reason;
• The parties to the transaction used bills of exchange, checks and other non-cash methods for settlement;
• One of the parties to the agreement was previously noticed in dishonest tax payment.

Operating lease

This is a transaction in which the term for using the property is much longer than the drawn up term of the contract. The rate is higher than in the case of financial leasing. In fact, you can draw a parallel with an ordinary lease.

The leasing company bears full responsibility for the subject of the agreement. In other words, repairs, maintenance and insurance. In this case, the recipient of the leased asset does not bear any responsibility. All risks associated with the destruction or loss of the leased asset fall on the shoulders of the company.

The recipient of the leased asset can terminate the contract with the company if an unusable item was presented.

At the end of the term of the operating lease agreement, the lessee can:

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

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

Financial leasing concept

financial leasing – way to attract Money for specific purposes. 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 wants to get such property in ownership, 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 accepts it for operation;
• The lessee sends all claims for the quality of equipment, machinery, transport to the seller, bypassing the lessor;
• In the event of damage to the leased asset, it is transferred to the buyer after the signing of the acceptance certificate.

Stages of concluding a leasing transaction

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

2. Study of 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 intention to lease a certain object;
• an extract from the bank about the turnover of the enterprise for the last time;
• financial reporting for the last 4 months;
• copies of documents of the head of the business;
• contract with the supplier;
• documents confirming the insurance of the leased object.

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

4. This is followed by making the first installment ... After this operation, the company receives the object of the contract for use.

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

You can purchase everything you need for operational work office, computer equipment. In agriculture, buy new devices for processing crops, 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 an enterprise or individual entrepreneur to develop, even if they have some 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 leased items 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 attributed to cost, which results in a decrease in the 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 leased asset is almost worthless.

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 for last years intensely progressing in its distribution.

Let's take a closer look at the question of what leasing is for individuals. In fact, any citizen of the Russian Federation can buy a car, as it were, 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 the vehicle after completing the transaction and making the first installment. Such procedures can be drawn up not only by special leasing companies, but also by banks and car dealerships.

How is the procedure for registering a lease for a car?

1. The client provides ID and driver cards, fills out 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 sale and purchase agreement is also concluded between the seller (transport supplier) and the company (bank) that has assumed the responsibilities 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. Insurance of the subject of lease (car) must be drawn up in 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 goes into the use of the lessee, but not into the possession. The owner is a leasing company, which can be a car dealer, bank or other financial institution;
7. The user pays the car monthly amounts, and after the expiration of the contract, the vehicle can be taken over. You can also exchange for a new car.

Pros of car leasing

1. You can buy not only a passenger car, but also a truck, special equipment;
2. It does not matter used cars or new cars were leased in a showroom or from a private person;
3. The minimum package of documents for the 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 it is necessary to pay the residual amount;
6. You can return the subject of lease - a car ahead of schedule;
7. You can use the car immediately after the transaction.

Cons of car leasing

1. The interest for car lease agreements is higher than for a loan, especially for medium-price vehicles;
2. If the lease payment schedule is violated, the car is seized;
3. The car is not a 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 a car to the leasing company.

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

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

Real estate leasing for individuals

Apartment for lease for the general population has not yet become widespread. Maybe the fact is that people want to see real estate in their possession right away, and not in 15-20 years. Psychologically, it is much calmer when an apartment is taken over 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 term under the contract and the payment of the residual value.

Acquisition of a house or apartment on lease has a number of other disadvantages. v:

• More often than not, a mortgage agreement is cheaper than a lease agreement;
• Two transactions are drawn up: 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 registration. These costs are most often borne by the person who wants to buy 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 the 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 already owns the living space and loses nothing in the event of the client's insolvency. Therefore, she is more loyal to delays in payments and considers all the options for payments that an individual offers to her.

Leasing companies don't care about her client's credit history. 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 for those people who do not want to cover their property in the property and pay taxes on it. For example, this option can be considered if the married 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 leasing companies dealing with real estate, so an ordinary citizen should carefully choose an organization. It is best to pay attention to leasing companies, which 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, financial activities... This type of transaction 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 to any enterprise, in particular for the following reasons:

• You can count on a refund of value added tax;
• Leasing payments are recognized by the accounting department as expenses, thus profit is not underestimated and the corresponding tax is reduced;
• Property tax may not be paid at all - real estate is not listed on the balance sheet of the enterprise and does not belong to it.

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

Leasing or credit - which is more profitable

For clarity, let's imagine comparative table with the same comparative characteristics on credit and leasing.

Comparison of loan and leasing

Comparison characteristics	Leasing	Credit
Who can use	a legal entity, an individual engaged in commercial activities(IP)	any natural or legal person
Who is the owner	during the term of the contract, the owner is the lessor, at any time he can withdraw the property	after the transaction, the owner of the acquired property is immediately the enterprise or individual entrepreneur
Payments	- monthly payments: - payment of the leasing company's margin; - insurance premiums; - tax on leased property; - advance payment is 20-30% of the cost	- payments on a loan (interest for using a loan, insurance); - Possible fees for maintaining a loan account, property valuation; - initial payment may not be available
Past history of property acquisitions	it is not necessary to have any (positive, negative) history of leasing property	positive credit history
Depreciation	the possibility of using accelerated depreciation (except for cars worth more than 300 thousand rubles and minibuses - more than 400 thousand rubles - a coefficient that reduces depreciation is applied for them)	conventional depreciation scheme
Tax
VAT	VAT is included in lease payments	money received on credit is not subject to VAT. The tax that the supplier lays down, the lessee can take for deduction after acquiring the property
Property tax	the property is on the balance sheet of the leasing company and therefore cannot be subject to property tax. if the property is on the balance sheet of the company, then the property tax is reduced due to the rapid amortization provided for leasing	property is immediately the property of the enterprise, which means it is taxed

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 essential.

On the specific example Let's take a look at leasing a car of a famous brand. The terms offer payments 30% less than for a loan. But there is one more point - in order to receive such an advantageous offer, after the term of the contract, the car must be returned to the seller. If it is fully redeemed, then the overpayment will be higher than for the alleged loan.

Taxes and depreciation

When determining the base for income tax, the company (lessee) classifies the lease payments as an expense. This is detailed in Article 264 of the Tax Code in paragraph 1 of subparagraph 10.

It is possible, according to the terms of the agreement, to attribute the property to the balance sheet of the enterprise, then the depreciation amount is deducted from the amount for the expenses of lease payments.

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

There are times when the amount of the redemption value is not clearly spelled out in the contract. In this case, specialists from the Ministry of Finance propose to include all amounts of lease payments in the initial cost. After the ownership is transferred to the enterprise, charge the payments as expenses through depreciation.

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

There is also a special procedure for calculating the cost of depreciable property in leasing operations. This is indicated in Article 257 of the Tax Code. The initial cost of the property includes the cost of delivery, construction, acquisition, bringing to a condition suitable for use. This means that the initial cost of the leased item will not differ for the parties to the lease agreement.

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 company with zero residual value.

If the property is not fully depreciated, then it is transferred to the other party to the contract at the cost that will remain after the depreciation has been charged. This part will be expensed by the company through depreciation. Therefore, if the lessee accumulates the redemption value, then he cannot write off it, 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 leased property. At the same time, the method for calculating depreciation should be specified in the company's tax accounting policy.

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

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

Renting and leasing - similarities and differences

Leasing is similar to leasing only from the outside. Leasing is often referred to as finance lease. In fact, in both cases, the main subjects of the transaction are two clients. One needs a certain expensive item, but the entire amount is not available to buy it. Another customer has the funds to purchase the item and may rent it out at a premium for a profit.

However, this is only the outward side. In fact, there are many differences between the two operations.

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 rented, the item is shown on the off-balance sheet accounts of the recipient of the item.

Differences and similarities between leasing and renting

Comparison characteristics	Leasing	Rent
The timing	usually a long term transaction. The term is equal to the useful use of the leased asset	provision of the subject of lease for short term, which is not related to its useful life
Possibility to use land plots	not provided	maybe
Redemption of the item at the end of the contract	can	it is forbidden
Type of property right	use
Legal regulation	Chapter 34 of the Civil Code - "Rent"; Article 2 of the Federal Law	Chapter 34 CC
Responsibility for the risk of accidental breakage, destruction or damage to the subject of the transaction	direct liability to the lessee	the renter is not responsible
Provision of documents confirming solvency	held comprehensive assessment enterprises for solvency	not required, only account details are required
Who chooses the property	lessee (enterprise)	landlord
The subject of the transaction and its quality	means new equipment	leased property may become the object several times, defects and malfunctions are not excluded

Lease payment schedules

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

Regressive contributions mean a decrease in the monthly payment with each subsequent payment. The same amount (fixed) is understood as annuity payments. As the name suggests, seasonal payments depend on the time of year. Many businesses make a profit in a certain season, so the leasing company may consider special payment terms for them.

What is subleasing

Such cases often arise: the lessee no longer needs the received property or he cannot use it. And then thoughts arise, is it possible to lease the leased item? This will be considered subleasing.

This type of transaction is legalized and at the same time a corresponding subleasing agreement is drawn up. Its participants are a new purchaser of the property - the subleasener, the former lessee, who no longer needs the subject of the contract.

A 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 any questions, ask in the comments below. And also read other articles on our website!

The modernization of the socio-economic sphere, as well as the introduction of new economic systems give rise to the need for qualitatively new methods of renewing the assets of enterprises.

In the context of a decline in credit and financial relations and cuts in state investment in the economy, there is a need for other types of injections into the production sector. That is why it is worthwhile to study in detail the question of what leasing is and understand the principles by which it occurs.

Why study leasing transactions?

The main purpose of this article is to study the nature and essence of leasing processes, models, types and forms of their manifestation in the conditions of the modern national economy.

What is leasing in simple words? This is the lease of long-term objects (cars, buildings, equipment, aircraft, etc.), that is, the transfer of a set of rights to own and use immovable or movable property for a certain (or unlimited) period for financial compensation.

This process most often consists of a three-way complex of relations in which the leasing company is an intermediary between the equipment manufacturer and the company (or an individual) interested in using it.

What are leasing and leasing transactions?

The economic concept considered in the article is quite complex, therefore the number of its definitions is large. Translated from in English the verb to lease refers to the process of leasing property. Summarizing the opinions of many authors, we can draw the following conclusion about what leasing is.

This economic term includes a set of processes for investing (attracting) financial resources, in which one subject of relations (the lessor) undertakes to purchase certain property from the manufacturer with the aim of subsequently transferring it to the lessee for use for a certain period of time for financial reward.

This process is carried out through a transaction, which is a set of agreements between the manufacturer (seller) of the leased item, the lessor and the lessee.

The subject of such a transaction may be vehicles, buildings, structures, other movable and immovable property, whole complexes and enterprises used in business. Also, the objects of these contracts can be land and other Natural resources unless prohibited by law.

Operation scheme

To answer the question of what leasing is, study methodological foundations conducting a transaction. The general mechanism is as follows:

1. The user (hereinafter referred to as the lessee) applies to the leasing company with an application for the necessary equipment.
2. The company providing this service evaluates the liquidity of the transaction. After that, the equipment (leased object) is purchased from its manufacturer or distributor.
3. After the lessor has become the owner of the equipment, he transfers it to the lessee for temporary use, receiving periodic payments for this.

Who are the subjects of leasing relations?

The parties to the transaction can be:

1. The manufacturer (seller) of the property is a legal entity or individual who concludes a sale and purchase agreement with the lessor, according to which he provides him with the subject of the relationship (equipment) within a specified period for a specified fee.
2. Lessee - a legal entity or individual who, according to the terms of the agreement, undertakes to pay for the services of the lessor and receive for this equipment for a specified period under the conditions that are determined by this agreement.
3. A lessor is a legal entity or an individual who acquires (for its own or attracted monetary resources) a certain property, and then provides it for a certain period of time for financial reward in the form of the subject of a leasing transaction for temporary use by the lessee. In this case, the right to the object of the agreement can either pass into the hands of the lessee or remain with the lessor, depending on the specifics of the agreement.
4. Credit institutions (banks, communities) that provide financial resources for the purchase of equipment under an agreement.

As well as other specialized entities: insurance companies and the Russian Association of Leasing Companies (Rosleasing).

What functions does Rosleasing have?

This association is a collection of banks, leasing companies and other economic institutions that are part of the Russian Association of Leasing Companies and carry out the following activities:

1. Coordination of activities and pooling of funds of participating companies in order to carry out the most profitable projects.
2. Interaction government bodies to identify the most important strategic directions leasing.
3. Development of regulations governing leasing activities.
4. Active participation in international processes of economic integration.

In the Russian Federation, both leasing for individuals and legal entities is legally regulated. Moreover, its subject can be residents and non-residents of the state, as well as enterprises with foreign capital.

Leasing objects

Both the provision of fixed assets to companies and leasing for individuals imply the transfer of equipment for use, which can be conditionally subdivided into the following large groups:

1. Agricultural (tractors, combines).
2. Transport (cars, airplanes, ships, railway cars).
3. Construction (cranes, concrete mixers, scaffolding).
4. Communication equipment (satellites, radio stations, etc.).

What types are distinguished?

1. Financial - a type of lease that provides for a full refund of the value of the subject of transfer. In this case, the amount of transferred funds is divided into the price of the equipment and the income of the lessor. Thus, the condition for financial leasing is the transfer of equipment at the end of the term of the transaction to the ownership of the lessee.
2. Operational is an agreement under which the term of transfer of the leased asset is less than the depreciation period. Unlike financial, after the expiration of the agreement, the equipment is returned to the lessor. Often this type of relationship is used for one-time promotions when it is impractical to purchase equipment.

In what form do leasing transactions take place?

In order to understand what equipment leasing is, it is necessary to investigate its main forms:

1. Straight. A transaction in which at the end of the lease term full package of the rights to the subject of the transaction passes into the hands of the lessee (lessee).
2. Returnable. What is return lease? This is a transaction in which the lessee sells his funds to the lessor, immediately returning them in the form of a long-term lease. It is used in case of a shortage of working capital at the tenant enterprise. Upon expiration of the transaction, the rights to the leased asset are returned to the lessee.
3. Mixed. With this type of leasing, the property required by the lessee is acquired at the expense of the share contributions of the participants in the transaction. At the end of the term of the contractual relationship, the rights to the equipment are transferred to the lessee, whose initial investment usually does not exceed 25 percent.

Types of lease payments

What is leasing for individuals? persons? Firstly, this is a rather complicated procedure, which raises many questions, especially regarding methods of payment for equipment. The compensation scheme is the same for legal entities and individuals and is carried out through lease payments. This concept includes the amount of compensation for the use of the subject of the transaction. Payments are made using the following methods:

• Fixing the total amount. The amount of the contract is divided into equal parts and is paid annually during the period of its validity.
• Advance method. At the conclusion of the contract, the advance payment, which is indicated in it, the rest is paid according to the previous method.
• Minimum payment method. The amount of payment includes the calculation of depreciation for the entire period, as well as various remuneration of the lessor provided for by it.

The payment schedule is prescribed in the lease agreement. Payments can be made daily, weekly, monthly, quarterly, or annually.

What is car leasing?

Automobile consumer leasing is a relatively new product in the financial services market for the population. Every day he gains more and more supporters. Let's take a look at what is leasing a car for individuals.

First of all, it is a very convenient and profitable method of purchasing transport. In fact, a person leases a car with the option of subsequent purchase. Also, this service is popular for legal entities who find it more convenient to make a purchase in several payments.

What is car leasing? For the population, this is the opportunity to use the car immediately after completing the package of documents and making the initial payment. Today this service can be provided not only by specialized firms, but also by banks and car dealers.

The procedure for obtaining vehicles

1. Providing the client with a passport, driver's license and filling out a special application.
2. Conclusion between the client and the lessor of a vehicle lease agreement with the option to purchase, as well as a vehicle purchase and sale agreement between the leasing company and the vehicle supplier.
3. Payment of the initial payment by the client in the amount of 20-30% of the value of the subject of the transaction.
4. Car insurance by the client at CASCO and OSAGO rates.
5. Registration of the car by the specialists of the leasing company in the traffic police, as well as technical inspection.
6. Transfer of the vehicle by the company to the consumer.
7. The client, in accordance with the terms of the contract, makes regular payments, after the expiration of the term, the equipment goes into his possession.

Who can buy a car this way?

Any citizen who has experience in entrepreneurship can get a car for rent with the subsequent right of purchase. Moreover, preference is given to candidates with successful experience in leasing operations with sufficient financial potential.

It is very important to consider all the pitfalls that car leasing for individuals has. Reviews of people who have used this service contain both positive and negative testimonies.

Advantages of car leasing

1. The possibility of acquiring not only passenger car, but also cargo, as well as special equipment. It doesn't matter if new technique or second-hand purchased in a showroom or from a private owner.
2. To conclude a leasing transaction, a minimum package of documents is sufficient, while the level of demand for clients is not high.
3. The car is issued for a period of up to 5 years, after which the vehicle can be redeemed at its residual value. An early return of the subject of the transaction is also possible.
4. The terms of purchase and delivery terms for equipment to leasing companies are more convenient than standard ones.
5. What is car leasing for the population? These are, first of all, flexible payment schedules and the ability to immediately start operating the vehicle.
6. If you do not want to register the equipment for yourself, this service is also available to the client, since the car is considered the property of the lessor.

Cons of car leasing

1. Interest on leasing agreements is higher than on car loans (especially for low-budget vehicles).
2. The possibility of seizing a car in case of violation of lease payments.
3. Impossibility of renting a car or as collateral without the consent of the company that provided leasing services.
4. The need to provide periodic access to inspect the subject of the lease agreement.

Thus, when deciding on the choice of the method of purchasing a car, it is necessary to carefully study all the accompanying factors, as well as the current socio-economic situation.

The lack of funds from a company or an individual to buy expensive objects is the main reason to contact a bank and get a loan.

But high interest rates on loans, complicated registration procedure and additional commissions stop many borrowers. Exists Alternative option- leasing of a car, real estate, equipment. Is it more profitable than lending? Under what conditions is it issued? And what are the pitfalls of leasing worth considering?

Leasing - definition, scheme, examples

The concept of leasing stands at the junction of two definitions: credit and lease, in fact, it is something in between, generalizing the features of the two programs, but having significant differences. The object of the transaction can be buildings, expensive equipment, transport, companies. Leasing is available for individuals and entrepreneurs, but you can register ownership of land plot and natural resources, such as water bodies and forests, will not work.

Let's try to disassemble the diagram for dummies. At its core, leasing is a lease. Let's imagine a situation: you want to buy a car, but do not have the financial ability. What to do?

• Apply to the leasing company, which evaluates the terms of cooperation, determines how profitable it is to work with you;
• The other person in the deal is the owner of the car, who decided to sell it. He does not want to wait and submit ads, he turns to the office that deals with urgent ransom. The price of a car for him will be lower than the market price - this is a payment for urgency;
• The leasing company makes sure that the car is liquid, the cost suits it, and the term of use does not exceed 5 years. Buyout deal in progress;
• Now the company has a car, and you can lease it by concluding an agreement;
• You get a vehicle for use without a down payment, but you are not the owner of it - all rights belong to the company. In this case, you can easily use the equipment at your own discretion, but remember that you pay for the repair yourself;
• You make lease payments every month, for example, if the cost of a car is 500,000 rubles, you will have to pay about 20,000 rubles every month for three years;
• After the expiration of the contract, the car can be returned, or redeemed at the residual value. For this example, it is 1000 rubles, but it may be higher, depending on the specific company.

After the purchase of the car and termination of the contract, you become full owners and re-register the TCP for yourself. The procedure is similar when buying real estate, commercial property for legal entities.

How is leasing different from renting?

Its main difference is that you have the right to purchase the object at the residual, pre-negotiated value. However, it is right, not a duty, you can and refuse to conclude a deal. In the United States, this practice is very popular: people use cars, leasing them, and after a certain period (say, a year) they change them.

How is leasing different from a loan?

Practically nothing, since the redemption value tends to zero, you will have to look for property to buy on your own, as well as negotiate with the seller.

Leasing is available for individual entrepreneurs and individuals, as well as any companies. However, when choosing the most attractive option, keep in mind the benefits of the transaction, the accrued interest, and whether they will agree to conclude an agreement with you. If there are doubts about your ability to pay, there is every reason for refusal.

Leasing types

Depending on the terms of the concluded agreement, the operation is divided into several types:

• Leaseback- This is an unusual type of transaction that is beneficial to enterprises experiencing financial difficulties.

Example: a company that has machines at its disposal goes to a leasing office, where it is given a large sum of money to “sell” the equipment. Then she enters into a lease agreement, uses the machines and pays out the funds on a monthly basis. True, such a transaction is of close interest to the tax authorities and can sometimes be classified as fraudulent.

• Operating- the term of the agreement is significantly shorter than the term of use of the object. In this case, all risks of loss, damage, the need for repairs fall on the shoulders of the leasing company, and the recipient of the property does not bear any responsibility. The interest is higher here, the redemption amount is much higher.
• Financial- if the previous option has features of similarity to a standard lease, the features of a loan prevail here.

Leasing companies: an overview of the terms of cooperation

It is necessary to start formalizing a leasing transaction with the choice of a company that offers the best working conditions, is distinguished by reliability, and has a good reputation in the business sphere. Among the most popular offices are:

• UralSib- you can arrange a lease for cars, trucks, commercial vehicles, buses, trailers, special machinery and equipment. A prerequisite is an advance payment - from 10%, a period - up to 5 years, a check of financial statements is carried out;
• VTB 24- it will be possible to buy equipment, real estate, wagons, boats and airplanes. Maximum property value - 500 million... rubles, term - up to 5 years;
• RESO- transactions are carried out with cars and special equipment, no advance payment is required, and the purchase amount can reach 6 million... rubles, the term is limited to 4 years;
• Alpha- cooperation is available with state support and subsidies. Leasing of vehicles, equipment, real estate, special equipment, ships, planes and trains is carried out. Advance payment is 5%, rates - from 14.7%.

Other large offices are also represented on the market; there are private firms in the regions offering a limited range of services and small amounts. Many car dealerships have a separate department dealing with this service, which makes the deal easier for buyers.

Pros and cons of leasing

It is impossible to overestimate all the charms of leasing, because if you know the features of these programs, the benefits are obvious:

• For legal entities it is good way lower the tax rate, as the expensive property will not belong to them. For individuals - and do not pay tax at all, because you are not the owner;
• It will be possible to insure the object on acceptable terms;
• If you want to repay the entire amount ahead of schedule, this can be done without unnecessary losses and overpayments;
• The number of leasing companies operating on the market is huge, and in this list it is quite possible to find decent and favorable conditions;
• Financial soundness check is not required - however, interest rates at the same time, they increase, and the amount of the advance increases;
• It is not required to leave a deposit - you can freely use the property;
• It is not necessary to redeem the object, you can also terminate the deal. This is a good way for car enthusiasts to test multiple cars. You conclude a contract, use a vehicle, and when it gets boring, you change it.

However, assessing the pros and cons of leasing transactions, one should not forget that they also have significant disadvantages:

• Significant overpayment - even in comparison with a loan, the amount of payments is usually overstated;
• You are not the owner of the property until the debt is fully repaid and the residual value is paid;
• If payments are stopped, the contract is terminated, you will part with both the money you paid and the object you used. It doesn't matter if you paid 20% of its cost or 90%;
• The minimum period for concluding a deal is one year.

It is difficult to assess which is more profitable: a loan, rent or leasing. It all depends on the terms of the particular deal and the organization with which you cooperate. Often this method of acquiring property is the only available option: when banks fail and the financial situation becomes more and more deplorable.

Leasing is a broad concept, although in the Russian realities such transactions are not in high demand, they have their own advantages. Taking into account the parameters of concluding an agreement, comparing all the offers that are relevant to you, you can understand whether it is worth cooperating with a company that provides real estate, cars, equipment or machinery on a lease basis with the option of subsequent purchase, or it is more rational to look for alternative options.