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The term leasing comes from the English word "leasing" - rent. AT english language There is a notion of operational and financial lease. Operational leasing corresponds to the concept of ordinary lease in russian legislation, and financial leasing - financial lease, or leasing. Therefore, using the term "leasing" in relation to Russia, we mean the financial lease or what corresponds to the English "Financial LEASING".

Leasing (According to the Federal Law "On Leasing") - the type of investment activity for the acquisition of property and transferred it on the basis of a lease agreement to individuals or legal entities for a certain period for a certain period under certain conditions, due to the contract, with the right to repurchase the lessee. Consequently, leasing is a view business activitiesaimed at investing funds in the acquisition of property to property and transfer it to rent.

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

Leasing - This is a complex of property relations arising in connection with the acquisition of property and the subsequent transfer of it to temporary use.

This is a financial lease agreement on which the lessee (tenant) can use the property belonging to the lessor (landlord) and acquired by order of the lessee for a certain periodic fee. The most important element of this contract is that legal property (Saved leased company) separated from the economic use of the asset (owned by the tenant). The leasing company is interested in the ability of the tenant to carry out a rent, and not his credit history, assets or equity. Such a contract is especially convenient for new, small or secondary enterprises that have no longer financial Story. Providing a transaction is the leasing property itself.

In other words, the leasing company (lessor) at the request of the lessee acquires property (equipment) and gives us to the condition of compulsory gradual redemption during the term of the contract. In fact, the role of the lessor is to finance the purchase of property and ensure its delivery, installation, setup and startup. The transferred property remains for the leasing company until the moment of complete calculation under the contract.

The enterprise or entrepreneur is not at all necessary to have property to work and make a profit. It suffices 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 means to acquire equipment to property. The leasing mechanism allows them to acquire the right to use the equipment for a certain period for the estimated rent. An option is also envisaged when the equipment goes into the ownership of the enterprise after the expiration date of use.

Civil Code Russian Federation Determines leasing as a financial lease (Art. 665, 666):

"Under the financial lease agreement (leasing), the Landlord undertakes to acquire property specified by the tenant property from the seller defined by him and provide a tenant for the property for temporary possession and use for entrepreneurial purposes. The landlord in this case is not responsible for choosing a rental object? And the seller .

The financial lease agreement may be provided for that the selection of the seller and the purchased property is carried out by the landlord.

Items, objects and subjects of lease agreement

The subject of the financial lease agreement There may be any inaccessible things used for entrepreneurship, except land plots and other natural objects. "

Leasing objects

The leasing object can be movable and real estate.

Movable property - All that does not apply to real estate: machinery, equipment, means of computing equipment, vehicles, etc.

Real estate: buildings, facilities, aircraft, sea ships, in-house vessels, space objects.

Agricultural machinery, construction and road techniques, and road equipment are most popular as leased motor vehicles and aviation equipment, telecommunication equipment; Significant share of special equipment for mining, oil and gas industry.

Leasing Subjects

As for the leased entities, classic leasing It provides for a tripartite nature of relationships, that is, three subjects are involved in the leasing transaction. Leasing liessects may 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 the same face.

Lessinator (Landlord) - a person who specifically acquires property to give it to temporary use;
Lessee (tenant) - persons receiving property for temporary use;
Seller (supplier) - a person selling property that is the object of the transaction.

The participation of three subjects in the leasing deal is distinctive feature Financial lease from ordinary.

In ordinary rental participate Only two subjects:

landlord;
tenant.

Also, with ordinary lease, the landlord acquires the equipment at its own risk, and not by order of the tenant. With such a lease, the same equipment can lease several times.

Financial rent.

Leasing is one of the most important tools to solve the investment problems of the real sector of the economy. This form of financing allows you to coordinate the interests of various participants. investment projects - initiators, equipment and service providers, investors, creditors, etc.

In the general case, leasing is a contract according to which one side is the landlord (lessor) transmits the other party - the tenant (lessee) of the right to use some property (building, structures, equipment, etc.) during a certain period and under agreed conditions .

Usually, such an Agreement provides for a tenant regular, fixed fee for the equipment used throughout the period of operation, the late introduction or a dedication of which can entail bankruptcy. Thus, on its economic essence, leasing is one of the forms of borrowed funding. At the end of the term of the agreement or in the case of its early termination, the property can be returned to the owner. However, leasing contracts usually provide for the right of the tenant for the redemption of property in preferential or residual value or the conclusion of a new lease agreement.

Operational leasing

Operational (service) leasing - This is an agreement, the period of which is less than the full depreciation period of the leased asset (as a rule, from 1 year to 3 years). At the same time, the fee provided for by the contract does not cover the total value of the asset, which causes the need to take it into lease several times.

The most important distinctive feature of the operational leasing is the right of the tenant to early termination of the contract. Such agreements may also provide for the provision various services Installation and current maintenance Rental equipment. Hence the second, often the user's name of this form of leasing - service. At the same time, the cost of the services provided is included in the rent or is charged separately.

The main objects of operational (service) lease include quickly obsolescents (computers, copying and multiplication, different kinds office equipment, etc.) and technically complex, requiring permanent service (freight and cars, air alerts, railway and sea transport, construction machinery) Types of equipment.

It is easy to see that in general the conditions for operational leasing are more profitable for the tenant.

In particular, the possibility of early termination of the contract makes it possible to get rid of morally obsolete equipment and replace it with a higher-tech and competitive. In addition, in case of adverse circumstances, the enterprise can quickly minimize this type of activity, ahead of schedule returning the appropriate equipment to the owner, and significantly reduce the costs associated with liquidation or reorganization of production.

In the event of one-time projects or orders, the operational leasing exempts from the need to purchase and subsequent content of the equipment, which will not need in the future.

Use of various service servicesThe leasing company or the equipment manufacturer often allows you to reduce the cost of current maintenance and the content of relevant personnel.

The reverse side of these advantages are:

higher than with other lease forms, rent;
requirements for making advances and prepayments;
the presence in contracts for claims to pay offensions 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 due development in the Russian Federation. Moreover, according to the legislation, the operational leasing is interpreted as short-term lease and regulated by the Civil Code of the Russian Federation. Accordingly, it does not fall under the action Federal Law "On the financial lease (leasing)" and the privileges provided for by this law are not covered.

financial leasing

Financial leasing - Agreement providing for a special acquisition of an asset to property with subsequent rental (temporary use) for a period close to the term of its useful service (depreciation). Payments for such an agreement, as a rule, provide the lessor a complete reimbursement of the cost of purchasing an asset and the provision of other services, as well as relevant profits.

Upon expiration of the transaction, the lessee can return the asset to the owner, conclude a new leasing agreement or buy a leased object at the residual value.

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

In contrast, the operational financial leasing significantly reduces the risk of property owner. In fact, its conditions are largely identical to the contracts concluded when receiving bank loans, as provided for:

full or almost complete refund of the cost of equipment;
making a periodic fee, including the cost of equipment and the income of the owner (in fact - the main and percentage);
the right to declare a tenant bankrupt in case of its inability to fulfill the concluded agreement, etc.

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

Returnal leasing It is a system of two agreements in which the owner sells equipment to the ownership of the other party with the simultaneous conclusion of the Treaty on its long-term lease from the buyer. As a buyer here usually perform commercial banks, Investment, insurance or leased companies. As a result of such an operation, only the owner of the equipment is changing, and its user remains the same, having received additional funding tools at its disposal. Investor, in fact, credits former owner, getting as to ensure the right of ownership of his property. Such operations are often carried out in a business recession, in order to stabilize the financial situation of enterprises.

Another kind of financial leasing is his separatethe form involving participation in the transaction of the third party - investors, as banks, insurance or investment companies are usually opposed. In this case, the leasing company, having previously concluded a contract for the long-term rental of some equipment, acquires him to the property, paying part of the cost due to borrowed funds. As a provision of the received loan, acquired property is used (as a rule, the mortgage is made on it) and future rental payments, the corresponding part of which can be paid to the tenant directly to the investor. At the same time, the leasing firm enjoys the advantages of the tax sewage arising in the depreciation process of equipment and repayment of debt obligations. The main objects of this form of leasing are expensive assets, such as mineral deposits, equipment for mining industries, construction equipment, etc.

For Live lying The tenant concludes a leasing agreement directly with the manufacturer (ie directly) or a leasing company created with it. The largest producers - World market leaders such as IBM., Xerox., Gatx., BMW., Caterpillar. et al., are founders of their own leased companies through which they carry out the promotion and marketing products in many countries. Similarly, I. domestic enterprises. Many names of Russian leasing companies themselves speak for themselves, for example: "KAMAZ-Leasing", "Ilyoshin Finance Co.", "Tupolev", etc.

Sometimes leasing is carried out not directly, but through the mediator. At the same time, the contract provides that in the case of temporary insolvency or bankruptcy, the leasing payments must come to the main lessor. Such transactions were called "SUBLISING" (subleasing.).

Interpretation of leasing, carrying out such operations and their legal regulation In the Russian Federation, have a certain specificity. According to the legislation (Art. 665 of the Civil Code of the Russian Federation) under the financial lease agreement (lease agreement), the Lessant undertakes to acquire property with the tenant property from a certain seller and provide this property for a temporary possession and use for entrepreneurial purposes.

Thus, under leasing in the Russian Federation, only financial leases are legally recognized, for which the following specific features are characterized:

the third mandatory participant - equipment supplier;
the presence of a complex of contractual relations;
special acquisition of equipment for putting it into lease;
active role of the lessee;
mandatory use of leased in entrepreneurial
purposes.

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

According to Art. 3 of this law Lessing There may be any inaccessible things (enterprises, property complexes, buildings, structures, equipment, transport, movable and real estate, etc.) used for entrepreneurship.

The subject of leasing in the Russian Federation cannot be:

land plots and other natural objects;
property seized from turnover or limited in circulation;
the results of intellectual activity.

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

the lessor is a natural or legal person who, through attracted and (or) own funds, acquires the property during the implementation of a lease agreement and provides it as a leased to the lessee for a certain fee for a certain period and under certain conditions for temporary possession and use with the transition or without transition to the lessee ownership of the right to lease;
the lessee is a physical or legal person who, in accordance with the lease agreement, is obliged to accept the subject of leasing for a certain fee, for a certain period and under certain conditions for temporary possession and use in accordance with the lease agreement;
the seller is a physical or legal person who, in accordance with the contract of sale and sales contract, sells a leaser for the term of the leased. The seller is obliged to transfer the subject of leasing to the lessor or the lessee in accordance with the terms of the contract of sale. The seller can simultaneously act as a lessee within one leasing legal relationship.

Any non-consumed things, including enterprises and other property complexes, buildings, structures, equipment, vehicles N other movable and real estate, can be leasing in the Russian Federation. which can be used in business activities. Thus, the first requirement for leasing subjects is to use them exclusively for business purposes. This eliminates the provision of property under the lease agreement to individuals for personal purposes, as well as public, non-commercial organizations. Another important criterion for determining the leased object is the consumption of things in manufacturing process. Under the progressability of the leased object means the possibility of saving their natural properties in the process of use. Leased objects cannot be land plots and other natural objects, as well as property that federal laws are prohibited for free circulation or for which a special procedure has been established.

As part of leasing items, it is possible to highlight buildings and rooms. Transmission devices, power machines, machinery, equipment, measuring and regulating devices and devices, laboratory equipment, computational technique. Vehicles, other machines and equipment.

Leasing attitudes are three major faces: the lessor, the lessee of the leasing seller.

The lessor is a physical or legal person who, due to attracted or own funds, acquires during implementation leasing transaction Property property and provides it as a leased leased to the lessee for a certain period for a certain period and under certain conditions for temporary possession of the use with the transition or without transition to the lessee ownership of the right of leasing.

As a leaseholder, they are usually. Leasing companies belonging to one of the following groups of lessors:

· Leasing companies - subsidiaries of large banks;

· Leasing companies created but sectoral or production feature;

· Leasing companies created within the framework of associations of enterprises of corporations, financial and industrial groups;

· Leasing companies created with the participation of state or municipal organs;

· Foreign leased companies;

· Independent leasing companies that have no connection with banking, industrial, state resources.

The lessee is a physical or legal person who, in accordance with the lease agreement, is obliged to accept the subject of leasing for a specific fee for a certain period and under certain conditions for temporary possession and use in accordance with the lease agreement. 3.

The seller is a physical or legal person who, in accordance with the contract of sale and sales contract, sells a leaser for the term of the leased.

Any of leasing subjects can be as a resident, so the non-resident of the Russian Federation.

The lessor, the lessee and the seller are direct (immediate) participants in leasing relations. The indirect participants of the leasing transaction are banks, insurance companies, intermediary organizations, leasing brokers.

In the leased deal, all three subjects of leasing relations are interested. Among the economic benefits, which give leasing to the participants of the transaction, you can select the following:

For sellers of leasing items:

· The possibility of leasing to expand product sales channels and the size of possible sales, which seems to be an important factor in hard competitive struggle:

· Ability to reduce stocks finished products, acceleration of capital turnover:

· Support for solvent demand for products.

For lessors:

· Economic benefits due to tax depreciation benefits:

· Reducing the risk of non-return of invested funds, as investments are manufactured in specific elements of fixed assets and the subject of leasing throughout the Treaty time remains the property of the lessor.

For lessee:

· Economic benefits due to tax depreciation benefits;

· Reducing the starting financial burden, since leasing does not require immediate and significant amounts of payments;

· Flexibility of calculations due to the choice of the method, size, the frequency of payment of lease payments. The terms of the lease agreement in its own way more variable than credit relations, as they allow participants to develop a convenient payment scheme for them:

· For newly created companies that have not yet have sufficient assets to provide collateral, leasing may be the only source of funds.

The emergence of leasing is associated with access to the market of special firms that perform functions, in many ways similar to the functions of banks, i.e. In the form of fixed assets, they provide the consumer missing capital, carrying out the purchase of the necessary property with a relatively long service life, and sometimes some types of real estate by purchasing them in their property as a result of the purchase and sale act and subsequent long-term lease. Firm specializing in such business and is customary called leasing firm.

The emergence of leasing firms led to a qualitative change in classical rental relationships - to the separation of functions in relation to property and their essential complications. Exchangeing money on goods (property), the company performs the functions of the buyer, and then as the owner of the property gives it to temporary use by becoming a landlord.

In economic relations, at least three subjects are involved in leasing:

1. property Supplier (Property Owner),the purchase and sale relationship with the leasing company and acts in such a way as a seller of its property (property) - leasing subjects;
2. lessor (leasing firm),acquiring property, acting as a buyer, becomes the owner of this property, and then gives it to a fee for temporary use for a certain period, concluding the appropriate agreement with the lessee;
3. lessee,acquisition during a certain period of use the subject of leasing for entrepreneurship (produce products or provide services with the help of leasing), and therefore and have income.

Financial leased firms, as a rule, do not limit their activities of any particular product range. These firms can also provide loans to conduct operations with securities and etc.

Firms, along with the provision of services directly by leasing, in the complex can also have separate species additional services, for example, a variety of maintenance services for machinery and equipment, project services, liability for paying taxes, advice on the use of machinery and equipment, etc.

additional leasing subjects

Gradually, along with a quantitative increase in leasing firms, an increase in competition, a change in the market of leasing services, there is a further complication of the relationship between the leased entities.

In the market of leasing services, subjects appear with new functions and economic interests, among which should be allocated:

1. brokerage leasing companieswhose services are very diverse. At first, the functions of these companies were limited to the information of the potential consumer (future lessee), the manufacturer and the actual leasing company, i.e. The brokerage firm participated in Leasing as an intermediary, contributing to the implementation of the transaction between the lessor and the lessee. However, the brokerage leasing company acts as an agent as a manufacturer of property and a potential lessee, choosing for him necessary equipment and optimal terms of the contract;
2. direct manufacturers.Industrial companies producing equipment began to actively use leasing as a way to promote their goods to markets. For the leasing of the property of the property, these enterprises either use their sales divisions, or create specialized branches dealing with leasing only;
3. intermediator trade firms(Dealers, Agents, Distributors). Leasing services sometimes offer firms that are not officially leasing and leased as an additional type of activity. As a rule, such firms carry out leasing operations along with the sale of machinery and equipment;
4. investment, insurance companies, etc.,including government, having funds for investment providing services provided for by their charters. Insurance companies usually provide insurance protection for leased and related risks associated with the use of leased object;
5. financial organizations.AT modern conditions financial support Leasing companies are complicated due to growing competition and changing conditions. The forms of leasing activity appear, under which the lessor itself is forced to use borrowed funds for the acquisition of equipment, subsequently passing into leases. Borrowed funds provided by various credit institutions, including banks, can be used as a source of funds. In this case, credit relations arise between the lessor and the funding organization, which determine the success of the activities of the leasing company in the market. This is due to the fact that the leasing company should not only acquire basic funds (property listed in leasing), but also to finance their daily working capital, and often other financial assets;
6. group of shareholders.For the implementation of large-scale transactions, the lessor, as a rule, uses the services of various financial organizations, To account for the interests of which there is a practice of creating various special funds acting as a single donor of funds. Such an organization becomes one of the lease entities, because Its functions are reduced to providing financial means of the lessor to buy equipment intended for lease.

Thus, subjects of leasing relationships can be:

W Property Supplier
W Lessinator
W leasest
Ø Financing Institution
W Insurance organizations, etc.

features of the relationship of leasing subjects

The use of terms "lessor" and "lessee" is legalized by the introduction of the Federal Law "On Financial Rental (Leasing)". In art. 4 "Leasing Subjects" notes that lease entities are:

Sh lessinator - A physical or legal person who, due to attracted or own funds, acquires the property in the course of the implementation of the lease agreement and provides it as a leased to the lessee for a specific fee for a certain period and on certain conditions for temporary possession and use with the transition or without transition to the lessee of ownership of the subject of leasing;
Sh lessee - a physical or legal person, which, in accordance with the lease agreement, is obliged to accept the subject of leasing for a certain fee, for a certain period and under certain conditions for temporary possession and use in accordance with the lease agreement;
Sh seller- A physical or legal person who, in accordance with the contract of sale and sale with the lessor, sells the leaser due to the property being leased. The seller is obliged to transfer the subject of leasing to the lessor or the lessee in accordance with the terms of the contract of sale. The seller can simultaneously act as a lessee within one leasing legal relationship.

The law also identifies the main provisions on the leasing company. In accordance with Art. 5 FZ "On Financial Rental (Leasing)" leasing companies (firms) - these are commercial organizations (residents of the Russian Federation or non-resident of the Russian Federation), performing in accordance with the legislation of the Russian Federation and with their own constituent documents Functions of lessors.

Founders of leasing companies may be physical and legal entities (residents and non-residents of the Russian Federation).

This law provides for the possibility of carrying out leasing activities in the territory of the Russian Federation by a leasing company - a non-resident of the Russian Federation - a foreign legal entity.

Leasing companies have the right to attract the funds of legal and (or) individuals (residents of the Russian Federation and non-residents of the Russian Federation) for the implementation of leasing activities in the manner prescribed by the law.

All arising relationships can be combined into two groups:

1. The first group includes economic relations related to purchasing and selling property;
2. The second group includes economic relations arising in connection with the temporary use of property for a fee.

It is believed that it is the second group of relationships that is determining and is the basis of leasing.

In the selection of candidates - potential lessee leasing firm usually prefers large, consistently functioning enterprises with a good reputation. However, due to the competition on the developed market for leasing services, clients of leasing firms are often small and medium-sized firms.

The acquisition of property carried out by the leasing company, as a rule, has certain advantages, since in domestic and foreign practice, successfully working leasing companies usually have the closest contacts with equipment manufacturers.

In the preparation of the contract, the terms of the contract take into account the specifics of a particular transaction depend on its type and content.

Despite the entire variety of leasing relationships, the ownership of property is the subject of leasing during the action of the leasing treaty remains for the lessor.

Features of the relationship arising from the signing of the lease agreement and in the process of its implementation is that there is a special distribution of responsibility between leasing entities. For example, in case of detection of a defect in the property, the lessee directs its claims directly to the supplier with whom he has no direct contracts.

Hello, dear readers of the financial magazine "Site"! In this issue we tell about leasing: What it is what it differs from the loan, what are the advantages and disadvantages of leasing, which types of leasing exist, and what is more profitable - leasing or credit.

No one is no longer an unexpected and original acquisition of anything using borrowed money. , loans commercial organizations firmly entered B. modern life and are an important component for the formation and active market functioning.

The article is dedicated leasing agreements which in Russia most often consist in implementing business activities. This is due to the fact that the acquisition of property in leasing by organizations and non-commercial persons has become possible relatively recently. But in some cases, it is the acquisition of anything within the framework of leasing may be more profitable and convenient.

Leasing - Modern financial tool, so information on the types of leasing, his differences from other credit products will be useful to motorists, entrepreneurs, and those who are just going to open their own business using borrowed funds and equipment. In individual articles, we have already written, with a complete zero and where you can get no deposit.

But about how it is more convenient and more profitable to use leasing services will be discussed in this publication.

Leasing: Definition and term of the term, types and forms of leasing, main differences from credit, advantages and disadvantages

Literally the term "Leasing" translated as "Take, lease" but the main difference of the leasing operation from the usual provision of property for rent is the possibility of subsequent redemption of the property used, taking into account the paid payments .

Leasing is a form of lendingAt which certain property is provided for temporary use and possession of the fee.

1.1. Subjects and objects of leasing relations

The subjects of the leasing surgery are:

lessee - a physical or legal person who gets the possibility of using any property under the terms of the lease agreement;
lessinator - credit institution, legal entity as well individualsproviding services for leasing;
insurercarrying out the insurance of the transaction and (or) of the transferred property;
property Supplier - Seller or manufacturer of certain equipment, dealer, property owner.

Lessee and lessinator are mandatory participants in the leasing agreement and represent the main parties to the contract.

The insurance of the transaction and the property transmitted to the leasing is carried out at the discretion of the lessor, the conditions of insurance, its value and volume are determined by the Agreement of the Parties.

The lessor may be the owner of the transmitted property, and can only provide the property transfer service to temporary use from the supplier to the lessee.

Object of leasing relationships Almost any abused property (with the exception of land and other natural objects, as well as objects, whose free circulation is limited or prohibited).

It can be:

structures and buildings;
equipment, production lines;
enterprises;
transport of various purposes;
other property in the use of which the lessee is interested.

1.2. What is the economic meaning of leasing?

Using leasing operations to obtain the possibility of actual possession of certain property, you can get significant benefit Unlike direct acquisition on its own or borrowed funds.

This is achieved due to the fact that the lessee can use his property that interests almost immediately after making the initial contribution, which is usually no more 30 % of market value.

The remaining amount is paid within the time limits envisaged by specific agreements, the variability and flexibility of which distinguishes them from loan agreements.

for example , Payments can be seasonal, based on the specifics of the property and type of entrepreneurship.

Another one plus the use of property on the basis of a leasing agreement is that despite the possibility of leasing subjects, taxes on such property not calculated (the obligation to pay for property tax appears only after the acquisition of ownership).

So, the operation of property on the basis of the Leasing Agreement may have the following advantages:

the ability to immediately do not spend considerable cash;
a variety of conditions for granting property in leasing;
exploited property is not taxed.

Forms, types and types of leasing operations

2. Types of leasing - Overview of 4 main species 📑

Leasing is often perceived only as financial instrument for entrepreneurial activities Mainly associated with the use of any equipment.

This is due to the fact that in the Russian Federation initially leased property could be used only in business purposes, and the legislation itself, regulating leasing relationships, had a number of serious contradictions and discrepancies.

The possibility of obtaining property in leasing for consumer purposes has become possible since 2011Where in countries Western Europe, the acquisition of property by performing leasing agreements is common practice.

Type number 1. Car leasing

Take the vehicle in leasing can physical , so I. entity . In contrast to the usual lease, the lessee has the opportunity to further receive transport to the property when performing the conditions specified in the contract. We have already talked about in more detail in one of the previous articles.

Avtolzing is a fairly reliable view of leasing operations for specializing in this company, as cars, commercial and cargo transport are related to sufficiently liquid property, popular in the secondary market.

Mandatory transportation on accounting in the relevant state structures Allows you to find such property in the event of the unscrupulous behavior of the recipient or unlawful actions of third-party persons.

Acquisition of a car in leasing has certain benefits:

payment for transport is not immediately, but gradually, in accordance with the concluded leasing agreement. Use the same transport acquired in this way, you can immediately after making the first payment;
in contrast to buying a car on credit, leasing operations can be issued with the most diverse conditions. This applies to methods and timing of making payments, operating conditions and obtaining ownership of transport. Recipient can be offered the most convenient payment schedule , and at the end of the lease agreement, transportation can be returned or acquired to be owned when the remaining amount is made (if the value of the property has not been covered by fully payments under the contract);
legal entities using transportation under the conditions of a leasing agreement receive certain tax preferences;
registration of vehicles in leasing is much easier than the conclusion of a loan agreement. It is not required to immediately reissue the right of ownership, a simplified process of checking the lessee and its solvency;
transactions for transport transmission to leasing are much faster than when receiving a loan. Often, from the moment of filing an application before signing a leasing agreement, passes from 1 to 3 days.

Thus, if the purpose of the lessee is the temporal operation of any vehicles, then, of course, leasing will be the best way to get the opportunity to use the desired car.

To purchase a car, at once, the property can be attractive and obtaining, but when leased during the operation of a particular vehicle, it is clearly defined to clearly is a certain brand or car model for specific purposes or a specific user.

And if the car for some reason did not come up, it is enough just to return it to the lessor, without thinking about how in the secondary market.

Currently, since the Civil Laws excluded the requirements for the implementation of entrepreneurial lessee, a fairly large number of organizations provides vehicle in leasing.

Therefore, to choose the most suitable option for yourself, both in terms of the terms of the agreement and on the subject of leasing, no particular complexity.

Motor transport can be used as in personal, so I. at commercial purposes . Therefore, it is precisely on the example of this object of borrowed relations. visual comparative table demonstrating differences in the design and operation of the car purchased at leasing or in credit .

Lease and Credit Comparison Table

Comparison parameters	Credit	Leasing
*An initial fee*	Obligatory at least 10% From the cost of the car.	At the discretion of the leasing company, it can be from 0 to 50% From the cost of a car
*Documents provided*	Identity documents driver's license, Documents confirming the sufficient level of income, workbook. May be needed *additional documents and references* (the consent of the spouse, certificates about the absence of various debts, military ID, etc.). In some cases, a simplified procedure for granting a loan with a smaller number of borrower documents is applied, but at the same time the cost of the loan or the size of the initial contribution increases.	Passport, driver's license.
*Insurance*	Compulsory insurance and the OSAGO at the expense of the borrower in the insurance companies offered by the credit institution, often at rates above average.	, Kasco. by agreement With the lessor. In some cases, the lack of a CASCO can lead to the rise in the cost of leasing.
*The emergence of property rights*	Transport immediately goes to the ownership of the borrower, but it remains pledged credit organization For the entire validity of the loan agreement. The disposal of transport is thus limited (it cannot be sold, re-embed, lay).	Transport remains owned by the leaser. After the agreement is fulfilled, it may be reissued to the property of the recipient or returned to the leasing company.
*Time for registration*	From 3 before 10 working days.	Quickly quickly, there are companies that make a decision on the provision of transport in leasing within 1 day.
*Operating restrictions*	The need for regular service at the expense of the borrower in accredited technical centers with an overestimated cost of work and spare parts.	Departure of transport outside the Russian Federation only with the consent of the lessor. A variety of maintenance conditions, the service can be included in the lease.
*Additional services*	No	May be included in lease agreement, characterized by significant variability. Payment taxes can be carried out by the leaser itself as the owner of the transport.
*Seizure in case of non-fulfillment of the terms of the contract*	Based on the court decision. The borrower's credit history is made negative information.	By decision of the lessor.

Type 2. Equipment leasing (technique, etc.)

Qualitative indicators of the enterprise, its competitiveness is largely dependent on the functionality and technological equipment of the equipment used. The ability to update the available production facilities to their own means is far away not Each organization is engaged in manufacturing or providing services.

As a result, many companies work on obsolete and partially defective equipment, sacrificing the quality and volume of manufactured products or work performed. At the same time, quite significant means are spent on the repair and prevention of equipment, and its cost decreases due to depreciation.

Output from such situations can be obtaining the necessary equipment on leasing conditions With the right of subsequent repurchase of property.

The feasibility of using the equipment obtained in leasing, determined by the following advantages of this financial instrument:

timely update of production facilities and auxiliary equipment;
more comfortable distribution of financial loads by separating payments;
reducing the tax burden;
relatively simple paperwork and optional availability.

It is advisable to use the possibility of a complete redemption of the equipment taken into the leasing of the equipment under the long term of its wear, otherwise after the expiration of the contract, the acquisition of obsolete and worn property, will be meaningless and will fall as an additional tax and financial burden.

If the leased operation is a highly specialized or spending equipment, the company providing leasing services may require prepayment or pledge. But even in this case, use such property within leasing may be more profitableSince after the need to disappear in such equipment, it will not be necessary to make efforts for its sales.

Type number 3. financial leasing

This type of leasing, of course, does not imply a direct transfer to the recipient of funds, because the money does not belong to the unceasing things and cannot be the object of leasing relations.

financial leasing - This is a trilateral transaction, which consists in acquiring a lessor in any seller of a certain property, followed by his transfer to temporary use to the recipient with the right of redemption, that is, lease.

Characteristics of property, and sometimes the place where the leaser must submit the required asset, the lessee itself can determine the lessee itself, thus reducing its short-term financial load.

The lessor acting here in the role of the investor receives a part of the money spent due to the initial contribution or advance payment, and its profit is laid in payments, gradually introduced by the recipient. For example, novice entrepreneurs in the field work according to this scheme.

Type number 4. Leasing staff

In Russian legislation, this term is considered incorrect, as people cannot be the subject of rental relationships. Therefore, the more familiar term is used in the documents - providing personnel .

The difference in such ensuring the enterprise with the necessary specialists from outsourcing is, as a rule, a shorter period of using attracted personnel and restricting the functions of professional support.

Outsourcing Attracted staff are usually transferred to the provision of entire infrastructure systems of the enterprise at least 1 year.

Leasing staff can be carried out for shorter And touch various scope of work.

From January 2016 years in Russia there is a ban on borrowed work, with the exception of the following cases:

using temporary workers in affiliated structures;
the presence between the parties to the shareholder agreement;
providing personnel by an accredited organization serving as an employment agency.

Thus, we can take advantage of the leasing in the form of personnel, you can contact the personnel agency specializing in this.

The use of personnel leasing can have the following advantages:

there is no need for a long search for those requested professionals;
reduction costs of personnel and accounting attracted personnel;
lack of responsibilities for certain social guarantees;
the possibility of a longer evaluation of the employee discussed on permanent decoration to work in the organization serving the customer;
the elimination of downtime and losses in the event of a disease of employees (the responsibility in cases of this kind is borne by the Agency).

At the same time, such a way to attract personnel may have a number of shortcomings:

for the provision of personnel, the Agency takes a commission that it may increase the amount of funds spent on ensuring specific functions of the enterprise;
the likelihood of lower qualifications of employees with the same salaries;
the absence of the possibility of checking the reliability and qualifications of personnel before allowing work;
the probability of the disloyal relationship of attracted workers to the management of the Organization pursued by politics.

To reduce the possibility of the emergence of negative for the enterprise of consequences, the professionalism of the most important is important agency Employment And, as a result, his reputation in the market for the provision of personnel services. It is the agency that takes the selection of employees according to the requirements of the organization-Customer, and it is that it lies the responsibility of providing most of social guarantees to staff.

Other leasing

Types of leasing can be qualified not only by the object of the lease operation, but also according to the degree of risk, the timing of the lease agreement.

According to the risk of leasing is classified as follows:

unsecured leasing - Additional guarantees of the execution of the contract by the lessee are not provided. Such a guarantee may be, for example, the obligation to pay a penalty in the early termination of the contract;
partially secured leasing - the transaction and property are insured;
guaranteed leasing - Risks are distributed among several participants of the lease agreement, the guarantors of the lessee.

If we consider leasing agreements from the point of view of their validity to the depreciation of the leased property, then it is necessary to allocate operational leasing Also called service.

Operational leasing There is a place when the fee provided for by the agreement does not cover the entire amount of the leased object, and the validity of such an agreement is significantly less than the period of complete depreciation of the contract facility.

This type of leasing applies to quickly obsolescents and equipment or technically complex property requiring constant professional service.

Such agreements, as a rule, provide for certain measures for the installation and maintenance of the leased object. Therefore, such a provision of property in leasing is sometimes called service .

The fee for services related to the operation of the facility may be included in the appropriate payments for the use of property or be carried out separately.

Operational leasing is beneficial in exercising relatively short-term projectsWhen there is no need to finally get ownership of the property used.

In this regard, to reduce risks for the lessor, operational leasing is often provided on the conditions that increase the costs and responsibility of the recipient:

higher fee for the use of property;
the need to make an advance payment;
the contract provides penalties in the case of early termination of the leased object;
other additional conditions, guarantees from the recipient.

To optimize the tax aspects of the enterprise, it can sometimes be used, the so-called returnal leasing When the lessee sells the specific property belonging to him by the lessor on the condition of the subsequent provision of this property for rent to the recipient. The assets used are thus not taken into account as the means of the enterprise, which reduces the tax burden.

When choosing the most appropriate leasing agreement, not only the leased object should be taken into account, but also to choose this type of operation that will also be responsible for other interests of the recipient regarding various accompanying payments, repair and maintenance of leased property, guarantees of respect for rights, etc.

The process of leasing transaction - 5 main steps

3. How Leasing works - the order of registration of leasing transactions 📝

Despite the comparative simplicity of leasing operations, as well as using any financial instruments, follows certain rules.

The conclusion of the leasing agreement occurs in several main stages, each of which must be competently evaluated like S. legaland with financial points of view.

Step number 1. Choosing a leasing company and leasing object

In comparison with more developed countriesThe market for leasing services in Russia is somewhat limited in the amount and in the spectrum of services provided, however big problems In the search for a leasing company currently does not exist.

The leased object is determined on the basis of the needs and financial capabilities of the potential lessee.

When choosing a leased company, it will not be superfluous from reviews about her work, learn typical documentsissued by such an organization.

The conclusion about whether the company under consideration is coming to conclude with it can be done by analyzing the following information:

company history in financial and investment markets;
the number of agreements made and existing agreements;
availability of branches of the company, staff, level of their qualifications;
company openness, availability of services provided and information about them;
restrictions and conditions under lease agreements in comparison with other companies.

Step number 2. Familiarization with the terms of the leasing transaction and preliminary agreement

After establishing contact with the company that encompassing leasing services, it is necessary to conduct preliminary negotiations on the conditions for providing specific property into lease.

Important positions in the agreements under consideration is:

the value of the initial contribution;
guarantees of respect for the interests of the parties;
the size and frequency of payments;
contract time;
terms of termination of the contract.

After prior approval of the conditions of the potential agreement, the lessee is application And prepares the required documents. The leaser, in turn, analyzes the recipient, estimating its first financial condition.

Step number 3. Drawing up a lease agreement

To conclude a contract may be required various documents, the main of which are:

directly an application for leasing;
recipient accounting reporting (if such is a legal entity, eg, Ltd - How to open it) for certain period time;
identification documents, registration and statutory documents of the company;
agreement with the supplier of the lease agreement;
documents on the insurance of the leased object.

Depending on the subject matter of the contract and the characteristics of the parties, the lessor may require other documents and references that characterize the recipient or property transmitted to leasing.

The lease agreement itself necessarily includes:

description of the subject of the contract;
installation data of the parties;
substantial terms of the agreement;
the term of the agreement;
rental payment schedule;
terms of subsequent redemption or return of leased property;
the rights and obligations of the participants of the Agreement;
responsibility of the parties, including for non-compliance with the terms of the contract.

Step number 4. Making an initial contribution and delivery - acceptance of leasing property

After the conclusion of the contract The recipient pays the first installment and takes the subject of leasing into temporary possession.

Note! Ownership of such property is preserved for the lessor during the action of the agreementAnd the recipient is entitled to use property in the Treaty provided by the Treaty of Treaty with timely payment in accordance with the payment schedule.

If a supplier of property is involved in the contract, then the obligation to supply the subject of leasing to the recipient is usually assigned to it.

Step number 5. Using the leased object and registration of him

In case of violation of the terms of the agreement (misuse of the subject of the contract, delays in payment)The lessor is entitled to demand a refund belonging to him for property rights, property.

Responsibility for damage and breakdown of property bears the recipient (unless otherwise provided by agreement, eg, service Lessing Treaty ).

If the terms of the agreement were fulfilled in full, then after the redemption of the relevant amount specified in the contract, the ownership of property transferred to leasing is passed to the receiving party.

Profit from the use of the property taken into lease is the property of the lessee.

Leasing or credit - what the difference is better and more profitable

4. What is the difference between leasing from a loan and more profitable 📊

As noted above, the main and main difference of lease from a loan is the moment of the transfer of ownership of the Agreement.

For buying in credit property ownership is issued immediately to the recipient, and in the case leasing, property can go to the ownership of the lessee after the end of the relevant contract.

When deciding on the provision of property in leasing, the credit history of the recipient does not have such a value as when receiving a loan and in some cases may not be analyzed at all. However, the financial condition of the recipient will be the subject of study, both upon receipt of the loan and during the design of property in leasing.

Leasing or credit - more profitable to crisis

As for the expediency regarding the use during periods of instability of the economy, most analysts prefer leasing agreements What is determined near the factors having increased importance during the crisis:

a lower initial fee (the difference from the loan contribution is 5-10%);
frequent provision of discounts at the conclusion of lease agreements (according to statistics, discounts are provided in the design of 70-90% of leasing transactions);
the possibility of obtaining advantages when taxes are calculated;
a smaller period of time for consideration and execution of the transaction, a simpler procedure than when receiving a loan.

5. Frequently asked questions on leasing (FAQ)

In a collision with unfamiliar credit products, many questions often arise, some of which you want to answer separately.

Question 1. What could be the subject of leasing?

According to the current legislation, practically any incessible things can be leased, including:

property complexes and enterprises;
facilities, premises and buildings;
vehicles of various purposes;
equipment (production, service, commercial, etc.);
other real estate and movable property, which is uncompressed.

In this case, the subject of leasing operations cannot be:

land;
natural objects;
property, whose free turnover is limited or prohibited, with the exception of the property of military assignment and certain equipment for foreign production of highly specialized destination. Leasing of such property is carried out on the basis of international treaties in the procedure determined by the President of the Russian Federation.

Question 2. Who can become a lessee?

Participate as a recipient in lease operations may and residents and non-residents of the Russian Federation as legal entities and physical (including individual entrepreneurs). We have already told, in a separate article.

In addition, the lessee can act state-financed organization.

Question 3. What is a sublision? Is it legal?

Quite often there are cases when the lessee received property (technique, transport, etc.) is no longer needed or currently missing the ability to use it. Then questions arise, and is it possible to take a leased leased? This situation is sUBLISING.

Such a deal is legal subject to compliance with all relevant conditions. For the legality of the transaction concludes sublision agreement (financial sublease agreement)where the parties to the contract will be a sublendator (a new property acquirer) and the former lessee.

At the same time, the organization-lessor (owner of the property) gives a written ban or consent to the transaction.

Question 4. How to choose the right leasing company?

When choosing a leasing company, it should be understood that in the context of the economic downturn and instability, property owners face the complexity of the profit of profits both from the independent use of assets and in their implementation. Therefore, certain things, especially having a high cost, are becoming more frequent without attracting borrowed funds.

As a result, there is currently a shortage of organizations that provide leasing services and when choosing such an organization, attention should be paid to companies offering the most profitable conditions for the client.

At the same time, at least a little analyze the activities of the leasing company, having studied her history in the market, assessing the amount of already closed transactions.

The seriousness and stability of the company can be assessed, based on the degree of openness of information on its activities, the availability of the services provided.

6. Conclusion + video on the topic of publication 🎥

AT modern world with a large variety of financial instruments, leasing is quite comfortable and relatively simple way Getting the opportunity to use the necessary property.

Therefore, at least the superficial knowledge of the existence of leasing operations and their capabilities will be useful not only to each entrepreneur, but also to ordinary people.

And the video on the "Development of Leasing in Russia", where the expert tells about the subtleties and features of the development of leasing.