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With regard to the concepts of economics, one of the best known is the finance lease or finance lease that is given to another person to enter into the lease of property that can be movable or immovable. This type of contract is known as a leasing.
Generally, contracts that are made through a lease always access purchase that usually becomes mandatory on the part of the person who is going to rent something. When this type of contract is made, the other person is always expected to buy said good in the end.
At the judicial level, what is this contract like?
This mixed contract has all the necessary items so that over time you can enter a purchase once said contract is finished. The minimum term of this contract must be two years.
General characteristics of this type of contract
East type of contract can have a fixed clause que dice que puede haber un desplazamiento del inmueble en cuestión que dé o no la oportunidad de reservar el domain hasta que finalice el contrato. Dicho contrato tiene la oportunidad de tener libertad de pactos dentro del mismo.
Said contract must be subscribed to real estate, which is where all the contracts that are made are registered. This does not count for real estate that must be registered elsewhere.
In the financial part, there are also several things that we must know about this type of contracts. They have two types of expenses, the first are recovery costs and the second are expenses for financial charges or interest rates that remain pending on anything that is acquired.
Recovery costs
This type of cost is given through the part that is stipulated in periods and that will cover at the end the total cost of ownership. The amount to be paid in recovery costs must be the same month after month, without any type of increase and the cost of the same must be included in the contract if so stipulated.
It is also defined in the contract that care can be increasing or even decreasing if the initial amount is too high.
In the case of interest in recovery costsThese can be at a fixed or variable rate and the differential must be stipulated.
Regarding tax deductions, it should be noted that the amount will be the sum of the recovery cost to which the financial cost of each of the rates that have been stipulated must be added. These must be the same in all the payments that are made or in case it is stipulated in the contract, they can increase.
These types of costs tend to increase regularly.
Regarding the rates of this type of contractsThey are regularly subject to a general VAT rate that ranges between 16 and 18%.
In this type of lease, no type of maintenance expense or any extra expenses that the property may cause (despite everything, this is done in rental contracts that include expenses, including car insurance).
What are the advantages and disadvantages of this type of contract
Undoubtedly, one of the main advantages of this type of lease agreements is that you can obtain financing at 100% without having to put any additional resources.
In this same range, one of the drawbacks is that the contract cannot be waived before the duration that has been agreed and neither what will be the final displacement of the product that has been agreed.
To enter the purchase of the property, you must sign an agreement with the landlord. In other words, if I have a leasing contract It has a duration of 6 years, but I want to market my property at 3 years, I need the company or person who leases it to me to give their consent to do so. In this circumstance, an authorization can be given to be able to give an early cancellation. Regularly the requirements that must be paid attention in case of an early cancellation can be seen in the contract.
Free amortization. This type of free amortization is the one that is done through the corporate tax that is regularly given in the income statement. This type of advance deductible can be displaced with a tax installment on time without generating real tax savings.
Regarding the persons físicas, este tipo de financiación no es la que más recomiendan los expertos, dado que está sujeta a cambios en el IVA. Esto puede hacer que la persona tenga costos de inmovilización mucho más caros que si, a modo de ejemplo, se diera un financiamiento normal a través de un crédito al consumo.
Types of lease agreements
Leasing of furniture or real estate. It depends on whether it is a piece of furniture or a property.
- Subsequent lease. In this circumstance, it is because the company that owns the property sells any type of equipment to a company. This, in turn, makes it possible for someone else to use it. This is something similar to what arises when we ask for a loan.
- Subsequent manufacturing lease. This type of contract has the opportunity to associate several companies commonly referred to as shell or shell companies. They issue bonds that can carry out any type of leasing operation.
- Operating lease. This type of operating lease is the one that cedes the use for a specific period of time that is not revocable and that in the end you can have the option to purchase. This is a finance lease and that's what the post is about.
- Rent. Here is a finance company that acts as an intermediary for any type of property and then sells it with some type of financing.
How many people participate in a lease
In this type of contract you can clearly see the donor, who is the person who owns it, and the policyholder, who is the person who will acquire it. The policyholder is the one who will enjoy the asset during the time it lasts and at the end of the contract will have the opportunity to buy it after the expiration of the operation, even though the purchase can be made before the end of the contract.
Since when is this contract in force?
This contract comes into effect from the moment the person for its canon. The canon is the amount of money that the insured has agreed to pay. This amount must be agreed by both parties.
What is the minimum term in which this contract can be had?
Para este tipo de contrato no hay plazo mínimo pero tampoco plazo máximo; a pesar de todo, se recomienda que el plazo mínimo no be inferior a dos años.
Can the insured sublet the property he has acquired?
This insured can assign the property he has acquired through a real contract, as long as I have notified the person who prays as the tenant and agrees with it.
Is the purchase amount fixed?
In the event that the purchase amount is set in the contract, there is already a fixed amount that must be respected in the event that the purchase option is carried out with that insured. If there is nothing agreed, you can make the agreement of a sum in which both must agree.
The landlord is the one who decides who will be the provider in a lease.
No, anyone can be a supplier of the good that is placed in the lease, in fact, the insured decides who will be the supplier and will be in charge of delivering the good to the supplier.
Is it different to make a lease and a rental contract?
Yes, they are different in that the lease has a purchase option, while the rental contract does not. Regularly, in leasing contracts, the price is set in a clause thereof and at the time of purchase it must be respected by the policyholder.
What is the royalty in a lease?
The fee is what is known as the amount of money that you must pay month to month and that is set by the insured and the tenant before signing the contract. The contract enters into force after the first payment of the contractor.
What can be put in a lease
En este tipo de contrato se puede poner cualquier tipo de bienes muebles o inmuebles, masticables y patentes, modelos industriales o software que pertenezcan al donante.