What is a financial lease? This is a lease that has a number of distinctive features. Let's analyze some points related to this term.
Let's try to analyze the algorithm using a specific example. Suppose that an entrepreneur or company does not have enough material resources to purchase the necessary equipment. In this case, you can apply to the bank for a loan, taking the missing amount at high interest, or you can purchase the necessary machines from the company using financial leasing.
Leasing scheme
The company will consider the offer, analyze its own profit. Upon approval, the lessor will lease the property to the company under a specific agreement.
Under its terms, the lessee will pay each month to the company a certain amount, which is called lease payments.
After a certain period of time, the equipment is redeemed by paying the residual price for it.
Participants of the agreement
Three parties are included in a financial lease agreement:
- recipient of property;
- leasing company;
- seller.
A legal or natural person acts as a recipient of property, to whom a leased asset is leased for a certain period of time, with a chance for a full redemption.
Leasing company refers to the party that acquires equipment, vehicles, real estate.
The seller refers to the party selling valuable property.
In some situations, a financial lease agreement is a lease between two parties, if the lessor is the owner of the property.
Purpose
The purpose of such an event for the company is to expand production, modernize the production line, which allows counting on significant profits.
Financial leasing involves the quick sale of expensive equipment, vehicles, real estate by the seller.
Lease objects
Under Russian law, you can broadcast (rent) certain property:
- real estate;
- road transport;
- enterprises;
- equipment.
Impossibility of leasing
Note that there are some objects that are prohibited in domestic legislation. For example, this applies to military items.
Also, you cannot count on leasing the following property:
- without factory or individual number;
- natural resources, land;
- property,withdrawn from circulation.
Financial leasing is not allowed with the following object parameters:
- low liquidity;
- with an unreliable manufacturer;
- has been in use for over seven years.
Leasing options
Depending on the timing, economic nature of the contracts, it is customary to distinguish three types of leasing:
- operational;
- returnable;
- financial.
In addition, there are leasing of equipment, real estate, vehicles. Taking into account the risk, such transactions are classified into groups:
- guaranteed view when risks are shared between all participants;
- an unsecured option, in which the lessee does not give any guarantees regarding the fulfillment of its own obligations;
- partially secured type, in which an insurance contract is concluded.
Leaseback
It is considered a special kind of deal. The seller of the property and the lessee act as one person. The firm enters into an agreement with a leasing company to transfer ownership of property for a certain amount and immediately becomes a lessee.
The specificity of this type is that the production process does not stop, equipment is not withdrawn. The company receives a large amount, using which it can increase material profits. Small amounts are paid monthly. Such a deal is beneficial for enterprises in need ofadditional funds for business development. You can expect to receive money from the leasing company without losing equipment, without stopping the production process.
Leasing back has certain disadvantages. Such transactions are under the scrutiny of the tax authorities. They perceive such agreements as an option to avoid paying federal taxes.
That is why the fiscal authorities compare possible credit and leasing conditions. If discrepancies are found, they suspect the entrepreneur of trying to avoid paying taxes to the federal budget of the Russian Federation.
Operational leasing
Under it is meant a transaction in which case the duration of the term of application of the property is significantly longer than the validity of the contract. It can be compared to a regular rental option.
The leasing company is fully responsible for the subject of the contract. It is the company that is responsible for any risks that are associated with the loss or damage to property. The recipient has the right to terminate the contract with the company if he was provided with an object unsuitable for use.
After the contract ends, the lessee has the following rights:
- leave the object to the lessor;
- change it for another item;
- draw up a new contract;
- buy equipment (transport), become the owner.
Operational leasing has a positive impact on the development of the productive process, as equipment is being updated.
Financial leasing
Let's analyze its distinctive features. Financial leasing is an option to attract material resources for specific purposes.
Terms of use of the subject of leasing correspond to the terms of the contract. By its completion, the cost of equipment is approaching zero. Basically, the lessee tries to receive property in personal ownership.
International financial leasing has the following terms and conditions:
- purchase of property by the lessor is carried out for the purpose of leasing it, not for personal use;
- the buyer has the right to choose the seller and property;
- the seller is aware of the existence of a leasing agreement, but the subject matter is determined by the buyer;
- the lessee sends all claims for the quality of transport, machinery, equipment to the direct seller, without contacting the lessor;
- in case of damage to the subject of the transaction, signs the acceptance certificate, and it becomes the property of the buyer.
Deal steps
Their sequence is determined by the federal law on financial lease, property leasing.
First, a leasing company is selected. It is better to give preference to large companies that are subsidiaries of large institutions.
The Law on Financial Leasing governs the signing of a contract. Customer must provide the following package:
- statement of desire to lease a specific object;
- an extract from a financial institution on the firm's working capital for the lastyear;
- report four months;
- confirmation of insurance of the leased object;
- contract with suppliers.
FZ on financial leasing allows the lessor to request other papers and documents, taking into account the specifics of the transaction being concluded, as well as the characteristics of the company.
Next, the client makes the first cash contribution, after which the company becomes the owner of the object of the contract.
An item purchased on lease allows you to improve labor productivity, increase material profits.
Equipment Leasing
It is considered the most profitable way for an enterprise to increase its income, the opportunity to develop production without significant losses, create new technological lines, update machines and devices. In leasing you can get computer equipment, materials for the functioning of the office.
In agriculture, it is allowed to purchase new machines and devices that are required for collecting milk, processing crops, cutting cattle meat.
Leasing in the restaurant business is aimed at purchasing equipment required for quality trade.
This option also applies to the oil refining, gas, woodworking, chemical industries.
Benefits of equipment leasing
It allows an individual entrepreneur or company to develop even in cases where they do not have sufficient financial funds to purchase modern equipment.
Thankseven distribution of payments, the company can distribute to plan its work, there is no need for a one-time payment.
Immediately after the signing of the contract, the company begins to use the subject of the transaction, and after the expiration of the contract, you can purchase equipment at a residual value.
Thanks to profits, the company practically covers monthly payments, they do not have a negative impact on the functioning of the enterprise.
Vehicle leasing
The Financial Leasing Convention gives the right to purchase a car to both a private person and a legal entity. This type of transaction has been used in Russia only in recent years.
After the end of the leasing period, you can become the full owner of the vehicle.
The advantages of the deal being concluded is that immediately after paying the first installment, a private or legal entity receives the right to use vehicles.
Not only financial institutions (banks), but also car dealerships deal with the execution of such transactions. Consider the algorithm of actions. The client shows a driver's license, a civil passport.
Next, an agreement is concluded between the lessor and the future owner of the vehicle, allowing the client to buy the car and become its full owner.
In addition, a sales contract is drawn up and signed between the transport supplier (seller) and the bank (company) that has assumed the obligations of the lessor.
The size of the first installment does not exceed 20-30 percent of the total value of the car under the contract. A prerequisite is the registration of insurance for two packages: CASCO, OSAGO.
All problems related to registering a car with the traffic police, passing a technical inspection of the vehicle, are taken over by the leasing company.
After completion of all procedures, the car is transferred to the lessee. The owner is a leasing company: a bank, a car dealer. Among the advantages of such a deal, they note the purchase of not only cars, but also special equipment.
