Escolar Documentos
Profissional Documentos
Cultura Documentos
Leasing has grown as a big industry in the USA and UK and spread to other countries during the present century. In India, the concept was pioneered in 1973 when the First Leasing Company was set up in Madras and the eighties have seen a rapid growth of this business. Lease as a concept involves a contract whereby the ownership, financing and risk taking of any equipment or asset are separated and shared by two or more parties.
The lessor may finance and lessee may accept the risk through the use of it while a third party may own it. Alternatively the lessor may finance and own it while the lessee enjoys the use of it and bears the risk.
Two Parties A contract to hire a specific asset The third party Specification of asset by lessee Payment by lessor Useful possession with lessee Payment of specified rent Contract to be valid for a specific period Ownership and user Mode of termination
Types of Leases
Financial Lease
A lease is classified as a finance if it secures for the lessor,the recovery of his capital outlay plus a return on the fund invested during the lease term. According to International Accounting Standard IAS 17 A finance lease is one where the lessor transfer to the lessee substantially all the risk and reward incidental to the ownership of the asset whether or nit the title is eventually transferred.
Operating Lease
A lease is classified as an operating lease if it does not secure for the lessor the recovery of his capital outlay plus a return on the funds invested during the lease term.
According to International Accounting Standard IAS 17 A lease which is not a finance lease This lease agreement gives to the lessee only a limited right to use the asset. The lessor is responsible for the upkeep and maintenance of the asset. The lessee is not given any uplift to purchase the asset at the end of the lease period.
Leveraged Lease Sale and Lease Back Tripartite Lease Syndicated Lease Big Ticket Lease International Lease Export Lease Cross-border Lease Dry Lease Consumer Lease Closed-ended Lease Swap Lease
Full Pay Out Lease Manufacturing Lease Single Investor Lease Master Lease Sales-aid Lease Import Lease Domestic Lease Currency Lease Wet Lease Balloon Lease Open-ended Lease Wrap Lease
Lease term is about or equal to Lease term may be of a shorter period the life of the equipment. Lease payments cover almost all Not necessary the costs of the equipments and interest on financing the purchase. The Risk of obsolescence is assumed by the lessee Contracts are non cancellable Air craft, Land & Building etc. Leasing Company assumes risk of obsolescence. Usually cancellable Computer, office equipments etc.
5 6 7
Financial Commitment
Loss of Residual Value Understatement of lessees Assets Double sales Tax Loss of Incentives
High Profitability
Trading on Equity Growth Potential
Tax burden
Tax Sharing
Leasing Process
Lessor Purchase Contract Title to equipment Payment of Purchase Price Lease contract Right to use Lease rental Delivery of equipment Manufacturer/supplier Maintenance Payment for maintenance Lessee
Lease Evaluation
Funding Option Cost of Alternative Funding
0.82
2
3 4 5
0.67
0.55 0.45 0.37
350.03
350.03 350.03 350.03
234.5
192.5 157.5 128.5
2.86
1750
1000
vehicles and consumer durable. In a hire purchase transaction, goods are let on hire, the purchase price is to be paid in installment and hirer is allowed an option to purchase the goods by paying all the outstanding installment at any time during life of the hire purchase contract. The hire purchase form of finance started in India in 1920, with establishment of Auto Supply company Ltd , which was subsequently known as commercial credit corporation
committees such has Masani Committee,Saraiya Committee,James Raj Committee etc. There committee have recognized the significant role played by hire purchase companies in financing the road transport industry as they enjoyed certain advantages which may not be available to commercial bank or other Financial Institutions. Through an amendment to the banking Regulation Act 1949, the government of India permitted commercial banks to undertake the hire purchase business in 1984.
period. The possession is delivered to the purchase at the time of entering into a contact. The property in the goods to the purchaser on payment of the last instalment Each instalment is treated as hire charge so that if default is made in payment of any one installment, the seller is entitle to take away the goods. The hirer/purchaser is free to return the goods without being required to pay any further installment falling due after the return.
Installment
Right to use
Payment
Order
Hire
Supplies
Financial Charges
Value of Asset Less: Margin (20%) Eligible amount of finance Add: Finance charges (15%) (80000 x 0.15 x 5) Hire purchase price Monthly instalment Annual instalment
Taxation Aspect
A ) Income Tax 1.Assessment of hirer 2.Assessment of owner hire purchase company 3.Hire purchase and Tax planning B ) Sales Tax 1.Hire Purchase as sale 2.Delivery vs Transfer of property 3.States entitled to imposed Tax 4.Taxable Quantum 5.Rate of Tax C) Interest Tax
2 3 4 5
The user becomes the owner usually on finally on final payment. Often 20% (or so) deposit called for. Hirer is entitled to claim depreciation tax shield.
Salvage value ,lessor does not become owner Salvage value once the hirer has paid all of the asset. Therefore, he has no claim over instalments, he becomes the owner of the asset the assets salvage value. and can claim salvage value.
Lease can be financial with a primary period and thereafter continued leasing at nominal rent.
The latter in (6) is advantageous for leased items which are subject to technological change.
Terms of H/P agreement can cover, items covered by financial or operational basis mentioned opposite.
As opposite, but only if agreement allows users change/update items.
Sr No 8
Leasing Lessee can charge the entire lease payment for tax purpose.Thus he/she saves taxes on the lease payment.
Hire Purchase Hire purchase payment include interest and repayment of principal.Hirer gets tax benefits only on the interest.