In the article we will consider how the early redemption of the leased asset is carried out. We will find out which clauses of the contract should be paid special attention to and whether it is possible to buy a car or real estate ahead of schedule. We will tell you about the procedure for the lessee and figure out where to get a sample letter of redemption.

If with regard to loan agreements early repayment is a fairly common occurrence, and the bank will be required to recalculate, then with regard to leasing, everything is not so clear. Quite often, clients have a question about whether it is possible to repay the lease of a car or other property ahead of schedule. In fact, such a possibility exists.

Consider the reasons why the lessee decides to buy out real estate or another leased asset ahead of schedule:

• The emergence of free funds and the desire to reduce the overpayment. But not always a leasing agreement allows you to recalculate interest without additional approval.
• The need to urgently transfer property to the ownership of the company. For example, such a need sometimes arises during the sale of firms or transactions related to mergers and acquisitions.
• Significant change in the terms of use of the property. Typically, the lease agreement contains clear instructions regarding the restrictions on the use of the received machinery, equipment or real estate. If, for example, property needs to be leased to a third party, then it is worth coordinating such actions with the lessor or buying out the leased object.

The lessor can also initiate early redemption, for example, often such an opportunity is provided in the event of a significant deterioration financial condition lessee.

Early redemption of property at the initiative of the lessee

Usually, the lessee becomes the initiator of the early redemption of the property. One of his wishes is enough to carry out this operation. It should be taken into account that the legislation limits the minimum lease term to 12 months. If less time has passed from the moment the contract was concluded to the full redemption of the property, then this moment will have to be taken into account when calculating taxes.

Most leasing agreements for early redemption of property provide for the payment of all interest provided initially. This means that you will not receive savings from early redemption.

It is necessary to study the contract very carefully or try to agree on individual conditions with the lessor.

Early termination of the leasing agreement is unprofitable for a leasing company. She acquired property for a specific client, and it will be very difficult to transfer it to other lessees, and the sale of some equipment or real estate will require a serious time investment. But sometimes the lessor has no choice but to terminate the contract unilaterally.

Such decisions are made if the client is overdue in payment for more than 2 months, delays payment regularly or violates insurance rules. Often in this case, the company first offers the lessee to pay the debt in full and buy the property at the current residual value. If the offer is rejected, and the debts are not repaid, then the lessor simply withdraws the property. At the same time, he does not need a court decision, because the leasing object is his property.

Sometimes companies provide in the contract for the possibility of early termination at the initiative of the lessor and in other situations, for example, in case of a sharp deterioration in financial position lessee. But usually such clauses are found only in contracts for fairly large transactions.

Important! The mere desire of the lessor to terminate the contract is still not enough. He must have the appropriate grounds specified in the agreement between the parties.

How to find out the purchase price of a property

One of the most difficult questions is the calculation of the redemption value of the leased asset in case of early repayment. Its size will depend significantly on the terms of the original agreement. Typically, the client is asked to make all remaining payments under the contract, and then take ownership of the property.

Even if the agreement provides for the recalculation of interest, the lessee is obliged to cover the expenses of the lessor and pay him some compensation.

It is not always easy to independently calculate the redemption value of the property. Some companies make a separate application with the schedule and conditions for early redemption. If not, then you will have to make a written request for a calculation indicating the date of full repayment. In a response letter, the leasing company must indicate the exact amount for early redemption of the property.

How to redeem a leased asset ahead of schedule

Although the procedure for early repurchase of leased property often raises many questions among lessees, it is well developed and regulated in leasing companies. Managers do not refuse to help with such a procedure, and clients do not have big problems.

Let's consider step by step how the early redemption of leased property takes place:

1. The client sends a request for calculating the amount of early repayment and informs the company about his desire and the planned payment date. A sample letter of early repayment of a lease can be requested through a manager or found on the Internet.
2. Employees of the company make calculations, and also form supplementary agreement to the leasing agreement. All mandatory conditions early redemption must be recorded on paper so that in the future there will be no disputes between the parties.
3. The client makes a payment to the account of the leasing company. It is very important to carry it out before the date agreed by the parties.
4. The transfer of property to the lessee is formalized. All terms and conditions of transition property rights must also be contained in an additional agreement or original contract.

Nuances of early repayment of leasing

Leasing companies are interested in getting the maximum benefit from each transaction. It is for this reason that even at the stage of drawing up the initial contract, they try to include various conditions in it that make it difficult to buy the car early, make such an operation unprofitable or able to compensate for lost profits.

It is necessary to carefully study all documents related to the transaction before signing them.

Consider what nuances a client may encounter:

• Moratorium on early repayment. Many companies prohibit early redemption of property before the expiration of 12 months from the date of the transaction. This allows the lessor to make a profit, and also eliminates situations where the tax authorities recognize the transaction as sham and charge the appropriate amounts of taxes.
• Additional costs for early redemption. If the leasing company agrees to recalculate interest in case of early repayment of the lease, this does not mean that it is ready to give up part of its profits. The client will have to pay the lessor a certain commission, which will include the company's expenses (for example, taxes).
• Increase in purchase price. Some leasing companies go further and try to get the maximum from their clients in case of early repurchase of leased property. Any deviation from the terms of the contract leads to an increase in the redemption value. For example, a scratch on a car, for which there was no appeal to the insurance company, can already become a reason for fines.

Source: https://bank-biznes.ru/lizing/dosrochnyj-vykup-predmeta-lizinga.html

Early repayment of leasing in 2018 - recalculation, sample letter

When concluding an agreement between the lessor and the client, all conditions are stipulated, including early repayment. If a citizen decides to close the deal ahead of schedule, without notifying the company in advance, this threatens him with certain financial costs.

Peculiarities

Russian legislation does not contain any restrictions for a client of a leasing company in early repayment and redemption of property. The lessor has no right to restrict the client in this. However, when drawing up a contract, certain conditions are stipulated.

Often, early redemption can be carried out no earlier than 9 months from the start of the lease, and sometimes - 12 months. In case of early termination of the contract, the client is obliged to pay interest.

During the conclusion of the contract in most leasing organizations, a redemption schedule is drawn up. It specifies the possible terms and amount of the overpayment.

Peculiarities of consideration of an application for repayment of leasing ahead of schedule:

1. The application is considered not only by the management of the company, but also by the owners of the vehicle, as well as the founders.
2. The decision can only be taken collectively.
3. The client's requirement can be either satisfied or not satisfied if there is legal grounds for this.

Early termination of the contract most often allows only valuable, regular customers of the company. In other cases, the lessor risks losing profits.

If a positive decision is made, the client receives a calculation in which the balance is indicated sum of money, as well as the purchase price. The vehicle can be registered as a property only after all payments have been made.

Procedure

Algorithm of actions on the part of the lessee when early return the amount of money and the purchase of the car:

1. Before the actual deposit of money into the cash desk of the leasing company, it is necessary to notify the management.
2. A regular letter can be sent, it is also possible to transfer it to a specialist during a personal visit.
3. Consideration of the letter is carried out within a few days. For these purposes, a special commission is formed. Also, based on the results of the meeting, the payment schedule may be changed, payment receipts will be studied in order to find out whether the client paid the fees in good faith.
4. Based on the results of the meeting, a decision is made to satisfy or reject the client's request.
5. If there are no objections from the lessor, an additional agreement is concluded with the client. AT this document the calculation and the balance of the amount are given, as well as the redemption price of the car. New payment rules are being established. In case of partial repayment, a new schedule is drawn up.

Refusal is most often given to the client if the amount of leasing is large and in case of early repayment the lessor will lose a large amount of money.

In accordance with the law "On leasing", early payment should be made only after one year from the date of execution of the contract. This is primarily due to the fact that otherwise, if the property is transferred to the client, the contract may no longer be recognized as a lease, which means that there will be problems with the tax.

After the agreement on early redemption is signed by both parties, an act of acceptance and transfer of property is also drawn up. documents on the transfer of ownership are drawn up.

The client puts vehicle registered with the traffic police department after receiving the TCP document.

Early repayment of a lease can be:

In the first case, the final settlement under the contract is carried out. In the second, the client pays an amount that is more than the established monthly payment, but not enough to completely close the debt.

If you do not agree on a premature payment, a situation may arise in which the transaction will not be considered closed, despite the fact that the client has paid an amount more monthly than is required by the agreement.

The warning is made primarily so that the lessor makes a recalculation and changes the payment schedule.

Sending a letter to e-mail, the client must certify it with a valid digital signature. You can issue it at the post office of Russia or Rostelecom.

The contract specifies the exact number of days for which you need to submit an application. It is best to send a letter after 10 days after the payment is made before the deadline set by the contract.

Features of writing a letter for a leasing company:

1. Individuals can write a letter on plain paper, other requirements apply for legal entities. Use only letterhead, or a piece of paper that has a corner stamp. It displays the details of the recipient.
2. In the first part of the letter in the upper corner, in the form of a column, the data of the head of the leasing company are recorded:
   • the position of the head;
   • Business name;
   • Full name of the head;
   • legal address with index.

1. After listing the data, the word "Contact" is written as one line. You should start with the words "Dear ...". Then a request for early repayment is set out.
2. In order for the application to be accepted, it is important to correctly compose the text of the letter. There are the following key points:
   • a request is made “I ask you to consider the possibility of buying out the vehicle and closing the contract No. ...”;
   • Next, you must specify the make of the vehicle, its an identification number and state numbers. signs;
   • in the last paragraph it is indicated, in connection with which early repayment is planned.

1. At the very last paragraph, the client's signature and date are put.

When compiling a letter, it should be borne in mind that the valid reasons for early redemption are the following:

1. The emergence of funds to purchase a car.
2. The need for full ownership of the vehicle legal entity.
3. Changing the terms of use of equipment.
4. The lessee's management decided to buy out the vehicle.
5. There were economic reasons.

In order for the vehicle to be redeemed from leasing after the letter is received and accepted, an additional agreement is concluded.

How is the recalculation

If there is an incomplete repayment of lease payments, that is, the balance of the amount is paid and the vehicle is redeemed, or the client wishes to change the repayment schedule, a recalculation must be made.

Recalculation is a guarantee that all obligations will be fulfilled not only to the lessor, but also to the tax authorities. If it is done correctly, the client will not have to pay property tax. Recalculation can be started only after the conclusion of an appropriate agreement with the leasing company.

Recalculation features:

1. With partial payment, the maturity of the debt, the interest on leasing or the amount of the monthly payment are reduced.
2. In case of full repayment, the recalculation procedure is not performed. The process of re-registration of property in the ownership of an individual or on the balance sheet of an enterprise begins.

If the client paid the amount more than it should be under the contract, but did not warn the leasing company, then penalties and penalties will be charged.

Features of closing a leasing agreement under certain circumstances:

1. If during the term of the contract there was damage to the leased asset or its loss, the obligation to make compensation falls on the lessee. In the case of property insurance, the amount necessary to restore the vehicle will be paid.
2. In case of early redemption of the leasing object, the legal entity is obliged to take appropriate actions in accounting documents. Certain indicators for debit and credit are established.
3. The contract concluded at the very beginning is an important legal document. It specifies all the rights and obligations of both the client and the lessor. Careful study of the conditions and compliance with obligations will avoid problems.

The direct obligation of the client wishing to close the contract ahead of schedule is to notify the leasing specialist by e-mail or regular letter. However, if for some reason such conditions were not specified in the contract, the client can act as prescribed by law.

Source: https://bibiguru.ru/dosrochnoe-pogashenie-lizinga/

Early repayment of leasing - sample letter, recalculation

Ideally, all issues related to early payments client-lessee, are prescribed in the contract concluded with the leasing company.

The terms of such an operation should be reflected in the content of the agreement either as a separate clause or as an additional agreement that serves as an annex to the main document.

If such maneuvers occur without agreement with the leasing company, then for the client this is always fraught with an increase in financial costs.

Where to start

After signing the contract, many lessees may very often have the question: “Is it possible to make early partial payments for payments, or full cost for leased property?

It is better when such questions arise before the moment of signing the contract or in the process of its preparation than after the conclusion of the transaction.

But even after some time has passed, the parties have the right to conclude an additional agreement on early termination leasing due to full payment, or an annex agreement to the main contract that some payments will be made in part.

If you are interested in whether early repayment of leasing is possible specifically in your case, then the answer of specialists and legal experts will be positive for you.

Despite some analogy between leasing and a car loan, the procedure for repaying the contract price is built according to a more complex scheme. Especially, this is clearly visible in those relations that are established on a tripartite basis - between the lessor, the supplier and the lessee.

Certain stages of correct repayment before the due date, without the risk of receiving penalties, still exist. They add up the same regardless of whether the terms of early repayment were specified in the contract or not.

Therefore, in case of early return of leasing amounts, it is necessary to take into account the following algorithm of actions:

1. First of all, even before the actual deposit of early amounts to the account of the leasing company, it is necessary to apply in writing to its management.
2. The letter is sent by mail to the company, or given in person to the office of the company.
3. The submitted letter will not be considered only by the director of the leasing company alone. Your case will be studied by a specially created commission consisting of the board of directors.
4. After this meeting, a decision will be made to grant your request or not.
5. If the client receives consent from the leasing company, then an additional agreement will be concluded with him on a secondary early repayment transaction. This agreement will establish payment rules, will indicate the recalculation of the amounts and the payment schedule, the balance, if the repayment is made in part.
6. With the full repayment of the debt (residual value of the property), with the consent of the lessor, the property will be removed from the company's balance sheet and transferred to the lessee.

It also happens that the leasing company flatly refuses to give you the right to repay the entire amount ahead of schedule and will insist on only partial repayment.

If the property was previously purchased by the lessor on credit from the bank, and the debt has not yet been paid to the bank, the lessor will have to additionally settle the time of early repayment with this financial institution.

Or it may happen that banks do not quite want to lose their profits, or rather, they are not going to do this at all. Especially when it comes to large sums. Therefore, the client risks being rejected.

In the case of sending a letter by e-mail, it must be certified by your electronic signature, whether you are a private person or an enterprise that has leased some property. Such a signature can be issued at Rostelecom or at the Russian Post.

It is very important to draw up a letter in 2 copies, and get the second one in hand immediately after it is certified by the incoming document by the secretary or other authorized employee of the leasing company.

Without incoming number your copy will be legally ineffective in the event of serious disputes or litigation.

Letter of early repayment of lease

The letter should be submitted no earlier and no later than 10-15 days before the payment is made before the contractual deadline.

The document is drawn up in any form and expresses the desire of its compiler to deposit a certain amount into the account of the leasing company ahead of schedule.

The structure of the letter consists of the following important points:

1. Corporate letterhead. This requirement only applies to legal entities or individual entrepreneurs. Instead of a letterhead, a corner company stamp can be used, which reflects all the necessary details of the lessee party.
2. An appeal to the head of the leasing company is written on the right side of the column. At this point they write:
   • title of the management position;
   • company name with indication of its legal form property;
   • FULL NAME. director;
   • the legal address of the lessor (the index must be indicated).
3. Thereafter, on a separate line in its center they write an appeal to the head. The document does not begin with the words denoting its title, in the manner of statements. Here you should start with the words "Dear ... (hereinafter the initials in full text)".
4. The letter consists of the following key points:
   • beginning with a red line: “We ask you to consider the possibility of early repayment ...” (if only a part of the total amount will be paid) or “early termination of the leasing agreement” (if you plan to pay the full amount under the agreement);
   • hereinafter - the number of the agreement, and from what date;
   • if the agreement contained information on early payments, then the number of the clause of this agreement is indicated;
   • therefore, the text is written - the brand of the car, its VIN (identification number), numbers of registration state marks;
   • the last, final, detail of the paragraph is an indication of the reason that led to such a decision of the client (it is written: “in connection with ...”).
5. The letter ends with the signature of the compiler:
   • if this is an individual, then it is simply written: “With respect ...” the surname and initials of the compiler, then along the line his signature and date;
   • if the originator is a legal entity, then the letter is signed CEO the tenant enterprise, which is the lessee (the scheme of such a signature is indicated in the sample).

How to make a recalculation

If the lease is not repaid in full without fail a recalculation of all amounts should be made, as well as a new schedule of leasing installments.

When there is an early repayment of a lease, a recalculation of the redemption value, this always indicates the fulfillment of obligations not only to the leasing company, but also to tax authorities.

This is due to the loss of economic benefits and effect when adjusting tax liabilities. Indeed, for leasing, the tax base does not take into account 18% VAT.

In addition, by accounting of an enterprise that is a leasing user, the property under financial lease is held as an asset of the cost of this product.

The accounting department of the enterprise can form depreciation deductions with acceleration - by applying a special coefficient (no more than 3).

This method will help in the future to write off the equipment much earlier than the date when, for example, it would be bought not on lease, but on credit.

And the last advantage, which is useful for both legal and individuals is the absence of property taxes.

The recalculation must necessarily begin only after an additional agreement is concluded with the client on the recalculation of lease payments with the right to buy (or without it).

The recalculation scenario can occur in two ways, depending on how exactly the debt obligation will be repaid:

1. If this is a partial payment, then the following will be reduced:
   • interest;
   • terms;
   • amounts on the chart.
2. If this is a full repayment of the entire amount under the agreement, then the recalculation is canceled and the procedure for re-registering the property from the balance sheet of the leasing company to the balance sheet of the lessee enterprise, or to the ownership of a private person who is the tenant, is launched.

It turns out that the recalculation is made only in cases where the client makes partial payments ahead of time, and not the entire amount under the contract.

In the event that you have paid a fee (whether in part or in full) without prior warning of your actions to the lessor, then fines, penalties, or sanctions - penalties will be charged under your agreement.

If you cannot pay them immediately, and the contract is not yet planned to be closed, then the payment schedule will be recalculated taking them into account. This means that in addition to the remaining amounts will be included the percentage of fines.

Are companies willing to pay early?

To avoid ambiguous interpretation of the terms of the lease agreement in advance, legal experts recommend discussing all requirements for early repayment of payments by the parties at once.

Careful study of all issues and details of the agreement will be required. For example, it will be necessary to determine the mechanism by which the lessee will have the right to act when he wants to return some amount ahead of schedule.

Sometimes even a certain amount limit is set, which can be used as an early partial payment of the contract. But this is rare and only for clients with difficult conditions for signing an agreement.

Timing is also important. Lessors, as a rule, are not very willing to accept early payments if 6 months have not yet passed from the date of the transaction.

However, according to the Law “On Leasing” (“On Financial Lease (or Leasing)”, in Part 1, Article 19 legislative provision No. 164-FZ dated 10/29/98, located in 2018 in the current edition) there is no mention of such a right of the lessor as a ban on the tenant, the lessee to cover his debt to him ahead of schedule.

According to experts, partial or full early repayment of a leasing agreement is fraught with tax audits for enterprises.

This can happen if you decide to pay off the car lease in the same current year that the deal was made. Also, experts do not recommend making money as a repayment ahead of the payment deadline under the leasing schedule.

It is impractical from the point of view of economic benefits for successful management economic activity in business.

Source: http://provodim24.ru/dosrochnoe-pogashenie-lizinga.html

Early repayment of leasing - accounting, tax accounting, posting, sample

Leasing relationships between two parties are concluded with the help of legal contract, which specifies the rights and obligations of each participant.

The conclusion of such a document involves a thorough analysis and elaboration of all the details of the subject of leasing in order to avoid problems in the future. The main point in this legal document determines the possibility of early repayment.

Peculiarities

Current Russian legislation does not restrict the lessee in performing this action. He is entitled to pay debentures before the deadline. At the same time, the lessor does not have the right to deprive its other party of such an action.

The leasing agreement must also provide for the payment of an earlier deadline and the redemption of the leased asset. Recalculation of the new payment schedule lies with the lessor immediately after receiving the early payment. It also provides for the possibility of full fulfillment of obligations to the lessee and tax services.

But the lessee should think about investing free cash rather than paying debt obligations ahead of schedule. This is due to the fact that the early redemption of the leased asset reduces economical effect regulation and improvement of taxation.

Most often, early redemption of the leased asset in the contract is prescribed after 9-12 months. This is done to increase the profit of the lessor. If the lessee nevertheless decides to redeem the property ahead of schedule, then he will have to pay interest for all other periods of proper use of credit funds.

Many companies that provide such services include a buyback schedule in addition to the main contract. It is in this document that all the terms and possible payments in excess of the established are prescribed. The available pay rate is specified for each period.

Some companies do not specify the procedure for determining the value in the event of an early buyout. More often in this situation, the cost is negotiated between the two parties. And in this case, the property will have to be redeemed at a higher price, focusing on the discipline of the seller.

In addition, the leasing agreement has the right to provide for partial early repayment of obligations. At the same time, payments for the future period are recalculated. This can be done to minimize the amount of payment for the concluded transaction.

Consideration of the application

Similarly credit obligations the lessee under the concluded agreement has the right to pay the remaining amount ahead of schedule at any time. After paying the entire amount, the lessor must fulfill its obligations to give away certain property for which the agreement was concluded.

Also, the lessee has the right to pay a large amount, covering only part of the debt, thereby minimizing payments on obligations.

When compared with a conventional loan, early repayment here has several nuances, and in general the procedure is somewhat more complicated. The initial action of the lessee is to apply to the lessor with a written application. It stipulates the desire for early repayment.

This written appeal is considered not only by the senior management-director, but also by all the founders and owners. The decision is made collectively. After such a meeting, common decision about satisfaction or non-satisfaction of the requirement.

Companies that carry out such activities are reluctant to satisfy the client's request. After all, this is where they lose part of the profits. Moreover, they draw up the same agreement as with consumer lending in a credit institution.

That is why early repayment is most often a preferred service for high-value customers.

With the consent to full early repayment, the lessor draws up a contract of sale with a notary. This legal document is signed in duplicate by both parties.

After the paperwork is completed, the lessee pays the required amount in full. Payment is made according to the invoice issued by the lessor. It indicates the balance of obligations and the amount of the ransom.

As soon as the payment arrives at the company's account, the property is subject to withdrawal from the lessor's balance sheet. Next is being prepared financial statements with carrying out the action in all respects, and an act of transfer is drawn up.

Things to Remember

Early repayment of leasing is a serious and responsible matter. All deadlines must be met without fail. You also need to put this action in the “Tax Accounting” form when paying the mandatory payment quarterly.

For early redemption of the collateral, the lessee must fill out a sample and submit it to the company for consideration.

If the leased asset must be registered according to state rules, then this must be done by the lessor after payment is received.

For example, a car is subject to mandatory re-registration because it was previously owned by the company, but now it is the property of another person.

If early payment is made within a period of less than a year after the conclusion of the contractual relationship, then such an action will be of interest to tax service. Usually, public service decides to investigate the fraud.

This is argued by the fact that many companies disguise lease relationships with the right to purchase with installment debt.

If the lease agreement is terminated at the initiative of the lessor company

Many companies in their contract imply the possibility of early termination of the document if the lessee fails to fulfill at least one obligation.

That is, the client can lose the desired property at any time of delay, lack of insurance. The recipient is obliged to find out in the contract and force the lessor to prescribe all the conditions under which such an action can be performed in relation to him.

The list for termination of the contract is prescribed either in a legal document or in an agreement. It also prescribes the procedure for mutual settlements with the recipient of the property. This is an important condition that should be under the close attention of the recipient.

The ideal variant of the relationship - the document indicates that when the document is terminated, the item is withdrawn, the lessor covers the debt of the recipient of the item. The remaining free funds are transferred to the recipient of the object.

Termination of the lease agreement under circumstances

Often there are cases when the object of leasing is lost or partially deformed. If this happens during the validity of the contract, then everything is clearly spelled out here. For example, if a car is stolen or a traffic accident occurs without the possibility of recovery.

The responsibility for the safety of the property lies with the lessee. That is why the tenant is fully responsible for the equipment from damage due to damage or theft. In case of loss of the item, he is obliged to pay monthly payments within the period specified in the contract. At the same time, he pays regardless of his fault or its absence.

In many companies, the subject of leasing is insured without fail throughout the entire term of the contract. The obligation to pay insurance premiums is also specified in the contract.

The owner-lessor becomes the beneficiary. So it is beneficial for the company to receive cash under such circumstances. At the expense of the amount received, the company pays the debt of the lessee.

In case of loss or destruction of the object of leasing, several options are possible. This is either fully covered by insurance or if it does not fully cover all losses. In the first case, the entrepreneur calculates the final amount of the transaction and covers it with insurance. The remaining funds are transferred to the recipient.

In the second case, the supply statement of claim to the court to recover the required amount from the recipient.

Accounting and tax accounting

If you wish to redeem the property ahead of schedule, the lessor is obliged to carry out an action in its accounting department. To do this, you need to know the features and nuances.

The lessee paid the obligations ahead of schedule. Accounting tax posting:

1. Debit 08, Credit 76 - sale of property;
2. Debit 19, Credit 76 - charge of value added tax;
3. Debit 01, Credit 08 - commissioning;
4. Debit 44,26,29,2.20,23, Credit 02 - depreciation on a monthly basis.

Balance of debt obligations upon early redemption:

1. Debit 97, Credit 02 - urgent accrual without VAT;
2. Debit 91-2, Credit 02 - urgent accrual without VAT when using the lessee's own savings.

The lessee agreement is a mandatory legal subtlety that reflects the most basic obligations and rights of each party. You can sign such documents only after careful review.

If any point is not clear, then it is worth transferring this document to a highly qualified lawyer for review. Early repayment of obligations should be reflected in this legal document. Only in this case the recipient has the right to perform this action.

Contents of the journal No. 11 for 2018

L.A. Elina,
leading expert

The lessee may decide to redeem the leased asset from the lessor ahead of schedule. Does he need to revise the initial cost of the leased asset, which was taken into account on his balance sheet, in accounting and tax accounting? We will look for the answer to this question together.

Early redemption of the leased asset: what about the cost

tax accounting

For purposes tax accounting the object of leasing during the term of the leasing agreement is one object. And after its redemption - this is another object of accounting. Its initial cost and duration beneficial use needs to be redefined.

So, the initial cost of own property (after redemption) includes the redemption value, as well as other costs directly related to the redemption of the leased asset. a sub. 3 p. 1 art. 254, paragraph 1 of Art. 256, paragraph 1 of Art. 257 of the Tax Code of the Russian Federation; Letter of the Ministry of Finance dated January 27, 2017 No. 03-03-06/1/4276.

What to do if at the time of redemption the residual value of the leased asset was recorded in the tax accounting, we analyzed in detail:

A new fixed asset is depreciated in tax accounting (if its initial cost exceeds 100 thousand rubles) in the usual manner. That is, without the use of leasing acceleration factors and without regard to the residual value of the leased asset before its redemption a sub. 1 p. 2 art. 259.3 of the Tax Code of the Russian Federation.

At the same time, the useful life (LI) of the repurchased equipment can be calculated taking into account the period during which the equipment was previously used (as the remaining SPI) paragraph 7 of Art. 258, paragraph 2 of Art. 259.1 of the Tax Code of the Russian Federation.

Accounting

In accounting, lessee organizations initially, upon receipt of the leased asset, determine its initial cost as the sum of all payments under the lease agreement, excluding VAT clause 8 PBU 6/01. Moreover, including the redemption value of the leased asset - if such a redemption is expected under the terms of the contract.

If the lessee has associated costs - for delivery, installation, and so on, they are also taken into account when forming the initial cost. As a rule, in practice, the initial cost includes all payments under the lease agreement (at their face value), minus VAT clause 8 of the Directives, approved. Order of the Ministry of Finance dated February 17, 1997 No. 15; pp. 4, 7, 8 PBU 6/01, Letter of the Ministry of Finance dated December 25, 2015 No. 07-01-06 / 76484.

In the future, the cost of the leased asset is depreciated. I pp. 17, 18 PBU 6/01. Depreciation is charged on a monthly basis based on the initial cost of the asset and its useful life. I par. 2, 5 p. 19 PBU 6/01. Moreover, this STI in case of buyout leasing should not be limited by the term of the leasing agreement, because in the future the organization will use the purchased fixed asset.

It seems to be logical: we collected all the upcoming costs and amortized. However, in case of early redemption of the leased asset, the total amount of payments under the agreement becomes less. After all, you will not have to pay the lessor a fee for using the leased asset for the period remaining until the end of the initial term of the leasing agreement.

It turns out that in the accounting initial cost, the amounts of costs “sit”, which in fact will not be. And this is wrong.

Example. Changing the terms of the leasing agreement in case of early redemption

Condition. Under the lease agreement, it was originally assumed that:

term of the lease agreement - 5 years, monthly payment- 18,000 rubles;

redemption price of equipment - 300,000 rubles;

the subject of leasing will be used for 8 years (that is, 3 more years after its redemption).

To simplify the example, let's assume that the lessor is not a VAT payer.

However, after 3 years of financial lease between the lessor and the lessee, an additional agreement was concluded to the leasing agreement, under the terms of which the leased asset is redeemed ahead of schedule. The new redemption price is 400,000 rubles.

Solution. Based on the data specified initially in the lease agreement:

the initial cost of the leased asset in accounting is determined by the lessee in the amount of 1,380,000 rubles. (18,000 rubles x 12 months x 5 years + 300,000 rubles);

the amount of monthly depreciation charged linear method in the accounting of the lessee, amounted to 14,375 rubles. (1,380,000 rubles / 8 years / 12 months).

Contents of operation	Dt	ct	Amount, rub.
As of the date of receipt of the leased asset from the lessor
Investments in the subject of leasing are recognized in the full amount of the debt to the lessor	08	76	1 380 000
Leased equipment is included in fixed assets	01	08	1 380 000
Monthly during the term of the leasing agreement (starting from the month following the month when the equipment was leased)
	20	02	14 375
Monthly lease payment	76 sub-account "Lease obligations"	76	18 000
Monthly lease payment transferred	76 sub-account "Settlements on lease payments"	51	18 000

The amount of accrued depreciation for 36 months amounted to 517,500 rubles. (14,375 rubles x 36 months). The residual value of the leased asset in accounting on the date of its redemption amounted to 862,500 rubles. (1,380,000 rubles - 517,500 rubles).

However, after changing the terms of the lease agreement, the total amount of payments by the lessee for the entire term of the agreement will be 1,048,000 rubles. (18,000 rubles x 36 months + 400,000 rubles). Consequently, the initial cost of the leased asset after making changes to the contract turns out to be overstated by 332,000 rubles. (1,380,000 rubles - 1,048,000 rubles).

How can accounting data be brought into line with reality? any special order active normative documents governing accounting has not been established. Accordingly, the organization will have to develop this procedure on its own and fix it in its accounting policy. e clause 7.1 PBU 1/2008.

In practice, there are several approaches used by accountants to solve the problem. Let's consider some of them.

Approach 1. We reduce the initial cost of fixed assets in accounting

This approach is the simplest and most understandable. It is based on the premise that:

the restriction of clause 14 of PBU 6/01, which allows a change in the initial cost of fixed assets only in cases of completion, additional equipment, reconstruction, modernization, partial liquidation and revaluation of fixed assets, applies only to those fixed assets that already belong to the organization on the right of ownership;

before the transfer of ownership of the leased asset to the lessee, its initial value cannot be considered finally formed. And if the total cost of payments under a leasing agreement decreases, then the initial cost of the leased asset in accounting should also decrease.

After reducing the initial cost of fixed assets, depreciation should also change. But there is no reason to recalculate the depreciation amounts for the past months: no mistake was made. Therefore, only the amount of monthly depreciation is adjusted, which will be charged after the purchase of the leased asset. It will be calculated based on the updated residual value of fixed assets and the remaining useful life.

Example. Change in the initial cost of the leased asset

Condition. Let's use the conditions of the previous example.

Solution. The initial cost should be reduced by 332,000 rubles. The remaining useful life after redemption is 5 years. The amount of monthly depreciation should be reduced to 8841.67 rubles. ((1,048,000 rubles - 517,500 rubles) / 5 years / 12 months).

With this approach, at the end of the 8-year JTI, the entire initial cost of the leased asset in the amount of 1,048,000 rubles will be written off as expenses:

RUB 517,500 (14,375 rubles x 36 months) - for the period from the start of depreciation until the purchase of the leased asset;

RUB 530,500 (8,841.67 rubles x 60 months) - within 5 years after the purchase of the leased asset.

Contents of operation	Dt	ct	Amount, rub.
As of the date of signing the supplementary agreement to the leasing agreement
STORNO The initial cost of the leased asset subject to redemption has been reduced	01 sub-account "Fixed assets received on lease"	76 sub-account "Lease obligations"	332 000,00
When buying out a leased asset
The redemption price of equipment was transferred to the lessor	76	51	400 000,00
The listed redemption price is attributed to the reduction of the debt to the lessor	76 sub-account "Lease obligations"	76 sub-account "Settlements at the redemption price"	400 000,00
The repurchased leased asset is included in its own fixed assets	01 sub-account "Own fixed assets"	01 sub-account "Fixed assets received on lease"	1 048 000,00
Reflected the amount of depreciation for the purchased equipment	02 sub-account "Depreciation of fixed assets received on lease"	02	517 500,00
Monthly after the repurchase of the leased asset until the end of the JI
Depreciation accrued on leasing equipment	20	02 sub-account "Depreciation of own fixed assets"	8 841,67

Here are the pros and cons of approach 1.

Approach 2. We attribute the difference in settlements with the lessor to other income

With this approach after the buyout:

the difference by which the total amount of the lessee's payments under the lease agreement has decreased (including the redemption price) is accounted for as its other income. In accounting, this is reflected in the posting Dt of account 76, sub-account "Lease obligations", - Kt of account 91-1;

the initial cost of fixed assets, which was the subject of leasing, remains the same;

neither the amount of the accrued monthly depreciation after the redemption, nor the amount of the previously accrued depreciation changes.

This approach is based on the fact that the cost of fixed assets in accounting is not subject to change. Yu clause 14 PBU 6/01.

However, an incomprehensible other income arises, which the organization is forced to gradually compensate for the inflated depreciation charged subsequently.

It should be mentioned here that the residual value of the purchased equipment, which was the subject of leasing, turns out to be overstated. Therefore, the total amount net assets organizations and pp. 4, 5 Order, approved. Order of the Ministry of Finance of August 28, 2014 No. 84n. In most cases, this is not critical. However, there are exceptions.

For example, if there is a controlled debt, then an incorrect determination of the amount of assets in accounting can lead to errors in tax accounting. Recall that if the amount of controlled debt of the taxpayer is more than 3 times the difference between the amount of assets and the amount of its liabilities, then the interest that can be recognized in tax accounting should be normalized I pp. 2-5 st. 269 ​​of the Tax Code of the Russian Federation.

So, when checking one organization that did not reduce the residual value of fixed assets, redeemed ahead of schedule from the lessor, the inspection:

considered that an error was made in accounting, which consists in the absence of recalculation of the residual value of the fixed assets redeemed ahead of schedule;

revealed an overestimation non-operating expenses, taken into account when calculating income tax, due to the organization's failure to comply with the conditions for determining limit value interest on controlled debt;

additionally accrued income tax (more than 6 million rubles for 2 years) and fines.

The Arbitration Court upheld the inspection, and Supreme Court refused to consider the cassation appeal of the taxpayer a Decree of the AC VSO dated July 21, 2016 No. A10-4521 / 2015; Definition of the Supreme Court of October 25, 2016 No. 302-KG16-13937.

Approach 3. We issue a reduction in the total amount of lease payments as a discount

With this approach, a decrease in the amount payable to the lessor in case of early redemption of the leased asset can be considered as a discount. And the accountant:

adjusts the original cost of the equipment by the amount of such a discount;

adjusts lease payment obligations;

recalculates the depreciation amounts, including those accrued earlier (already charged to the lessee's expenses).

An alternative approach to solving the problem

We have considered only some of the possible approaches. However, the specialist of the Ministry of Finance believes that none of them is correct. Since the lessee initially had to determine the initial cost of the leased asset differently. If he had not made a mistake when registering the subject of leasing, there would have been no problems with early redemption.

The initial cost of the leased asset upon its redemption

If the initial cost of the leased fixed asset is determined correctly in accounting, then no further adjustments will be required, including in the case of early redemption. The words “the sum of all payments under the contract” do not mean that when summing up, payments should be taken in nominal value. They should be included in the initial cost, taking into account the timing of payment of each of them, that is, in a discounted amount that takes into account the value of money over time.

The interest component is generally recognized as an expense over the term of payment of lease payments. A special case when the percentage component can be capitalized (that is, included in the cost of the fixed asset) - if the conditions of PBU 15/2008 are met, that is, the object was leased not in finished form, but in a condition requiring commissioning capital investments. After the recognition of the fixed asset, when its initial cost has already been formed, both of the accounting objects - the fixed asset and the tenant's payables for lease payments - each live their own lives.

Further accounting is carried out in the prescribed manner for each of them, independently of each other.

Early repurchase of an object does not affect the organization's ability to derive economic benefits from the leased asset. From the fact that he has now become his own, only title rights. Economically, nothing has changed. The facility has been in operation and continues to be operated in the same mode. The useful life is what it used to be. Therefore, there is no reason to change in any part the accounting of the repurchased fixed asset, including its initial cost.

Early redemption can only affect accounting accounts payable. Ceteris paribus, the amount of money paid out in case of early redemption should be equal to the balance of accounts payable for lease payments at that moment. In this case, this debt is written off at the expense of the amount of money paid. If these amounts are not equal, the difference is charged to income or expenses of the period in which the early redemption took place.

If we follow this approach, based on the principles of IFRS, then in the example we considered, the lessee had to determine the initial cost of the leased asset not in the nominal amount of 1,380,000 rubles, but otherwise. The percentage component should have been excluded from the total amount of expenses under the leasing agreement.

In general, it turns out that it is necessary to apply a methodology similar to that fixed in Chap. 25 of the Tax Code of the Russian Federation:

determine the initial cost at the cost of the lessor (as in tax accounting) + additional expenses the lessee for delivery, adjustment, etc. (this is not in the tax accounting - for the purposes of taxation of profits, additional costs are accounted for separately);

the part of lease payments containing the percentage component should be taken into account as an independent expense.

However, accountants do not favor this approach, because:

it is not officially enshrined in Russian regulations accounting and unusual. BUT international standards financial reporting not everyone can operate freely;

with this approach, the initial cost of the leased asset is initially lower than with the standard one. This means that property tax inspectors' claims are possible. And they, like the courts, are not strong at all in IFRS. And it will be quite difficult for the accountant to prove to them that the amount of all payments under the lease agreement should be discounted. Especially considering that the Ministry of Finance has not yet issued a new federal rental accounting standard, or even any written explanations in this regard.

So, in the current accounting legislation, it is not clearly fixed how the lessee should act in case of early redemption of the leased asset, which was listed on its balance sheet. Therefore, the organization will have to decide for itself whether it is necessary to adjust the residual value of the leased asset redeemed ahead of schedule.

Question

Early redemption of leased property (we are the lessee) with what threatens in tax accounting?
Where to write off the difference in the price of property, as well as what are the rules for accounting for depreciation in the NU, where to attribute the difference in depreciation.
Thanks.

Answer

tax accounting

In accordance with paragraphs. 10 p. 1 art. 264 tax code In the Russian Federation, other expenses related to production and sale include rental (leasing) payments for leased (accepted for leasing) property.

If the property received under a leasing agreement is accounted for by the lessee, the lease (leasing) payments minus the amount of depreciation for this property are recognized as expenses.

At the same time, Ch. 25 "Corporate income tax" of the Tax Code of the Russian Federation does not contain special accounting rules in tax expenses paid in full for the remaining period of leasing lease payments in case of early redemption of leasing property.

In this regard, in our opinion, general rules for recognition in expenses should be applied when determining tax base income tax on lease payments.

According to paragraphs. 3 p. 7 art. 272 of the Tax Code of the Russian Federation, the date of other expenses in the form of rental (leasing) payments for leased (leased) property is the date of settlement in accordance with the terms of the concluded agreements or the date of presentation to the taxpayer of documents serving as the basis for making settlements, or the last date of the reporting (tax) date period.

On the basis of the foregoing, we believe that the lease payments paid in full for the remaining lease term in the event of early redemption of the leased property - the main asset of the lessee organization - should be fully taken into account as part of other expenses when determining the tax base for income tax.

Depreciation

According to paragraphs. 10 p. 1 art. 264 of the Tax Code of the Russian Federation, other expenses related to production and sale include rental (leasing) payments for leased (accepted for leasing) property. In the event that such property is accounted for by the lessee, his expenses are recognized as rental (leasing) payments minus the amount of depreciation on this property, accrued in accordance with Art. Art. 259 - 259.2 of the Tax Code of the Russian Federation.

According to the Federal Tax Service Inspectorate, the inclusion of amounts in expenses depreciation charges that exceed the amount of lease payments is unlawful. In addition, by virtue of par. 4 p. 5 art. 252 of the Tax Code of the Russian Federation, it is prohibited to double-count expenses of any kind without linking them directly to expenses.

The judges supported the tax authorities, pointing out the following. Based on a systematic interpretation of the norms of the Law on Leasing<2>, paragraph 5 of Art. 252, Art. Art. 258 and 259 of the Tax Code of the Russian Federation, the total amount of expenses of the lessee under a leasing agreement can be taken into account for tax purposes in an amount equal to the amount of lease payments. Inclusion in expenses of amounts exceeding the amount of lease payments is a double expense.

Accounting

When buying equipment from the lessor, internal entries are made on accounts 01 and 02 on the transfer of data from the subaccount for accounting for property received on lease to the subaccount for accounting for own fixed assets (paragraph 2, clause 11 of the Instructions).

As we understood from the question, in this case, the redemption price paid for the early redemption of leasing equipment is less than the remaining amount of the debt to the lessor under the leasing agreement. Accordingly, the initial value of the recorded leased property exceeds the total amount paid to the lessor (paid lease payments plus the redemption price).

There is no special procedure for reflecting such situations in accounting in the regulatory documents governing accounting. Accordingly, the organization must develop this procedure on its own and fix it in its accounting policy (clauses 7, 8 of the Accounting Regulation " Accounting policy organizations” (PBU 1/2008), approved by the Order of the Ministry of Finance of Russia dated 06.10.2008 N 106n).

There are two options for accounting.

1. The initial cost of leasing equipment taken into account, as well as the amount of depreciation accrued on it upon redemption, do not change, and the resulting difference in settlements with the lessor is reflected in other income of the lessee.

This accounting option is based on the norm enshrined in paragraph 14 of PBU 6/01, according to which the cost of fixed assets in which they are accepted for accounting is not subject to change (since the legislation of the Russian Federation, as well as PBU 6/01, do not provide for a change in the initial cost of received leasing fixed assets in case of their early redemption). Accordingly, the amount of depreciation previously accrued for the leasing asset is not subject to change. An example of such accounting can be found in the attached files.

2. Reducing the amount payable to the lessor in case of early repurchase of equipment is considered as a discount (change in the contract price for equipment).

With this approach, the lessee adjusts the initial cost of the equipment by the amount of the discount (excluding VAT), which entails the need to adjust the amount of depreciation accrued and charged to the lessee's expenses for the entire period of the leasing agreement.

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Early termination of a leasing transaction is allowed both at the initiative of the Lessee and at the intention of the Lessor unilaterally.

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In both cases, the Lessee pays the residual value of the property, penalties for violation of the terms of the contract and the penalty.

In Russia, leasing schemes are often compared to obtaining a loan. Financial obligations performed monthly or seasonally.

But many customers want to pay the resulting debt in advance in order to become the full owner of the vehicle.

Reasons for this:

1. Improving the financial condition of the organization. Getting a profitable contract.
2. Intention to register a car with the traffic police for yourself: a private person or institution. The lessee is ready to pay for repairs, insurance and put the car on the balance sheet of the organization as a fixed asset.

A clause on the early repayment of a leasing agreement must be provided for in any agreement, regardless of its term, the cost of the vehicle and the form of ownership of the parties.

It is assumed that the lessee wished to buy the car ahead of schedule, while:

• all payments are subject to recalculation;
• a new redemption value of the car is calculated;
• penalties, compensations and penalties are calculated.

If the condition is not stipulated in the contract, are the lessors willingly agreeing to early repayment

There are at least three parties involved in a leasing transaction: the Lessor, the Lessee and the Seller.

It often happens that the Lessor purchases an object movable property on the loan funds. In this case, a Bank or a credit institution appears in the chain.

When a car is purchased from a lessee with credit funds, it is not possible to terminate the transaction prematurely. Banks exist on interest.

If the usual payment schedule is violated, then they try to “earn” on penalties and fines. This scheme is not very beneficial for the Lessor.

In the usual manner, the Lessor, in order to officially refuse the second party to the agreement, acts as follows:

1. The application is accepted by the head.
2. The head-lessor gathers the Board of Directors (LLC).
3. A specially created committee discusses the financial implications of early termination.
4. Based on the results of the work, he draws up a protocol where a positive decision or refusal is made for certain reasons.

Early payment letter

When the clause regarding the unilateral termination of the contract is clearly stated in the agreement, the Lessee will not have problem situations.

In the agreement, the Lessor clearly defines the amount of compensation for such "inconvenience". After that, an additional agreement is concluded to the original contract. Thus, the parties "part" without any special claims.

It is not prohibited to terminate the contract at the initiative of the lessee. But the procedure is implemented subject to several conditions:

1. At least one year has passed since the beginning of the contractual obligations.
2. The car is not on credit.

It is not recommended to pay the entire required amount without warning. The lessee is obliged to notify in writing a few days before making excess amount. The notice period is 10 days.

Options for contacting the Lessor:

1. Approach through the office of the organization. Give the letter to the secretary, get a stamp with the incoming number on the copy.
2. Send a message by registered mail with digital printing. Preliminarily issue an EDS in the territorial bodies of Rostelecom and Russian Posts.

To initiate the procedure, an appropriate document is drawn up on the letterhead of the organization according to the example:

Termination of the contract at the initiative of the lessor

The lessor also has the right to terminate the transaction ahead of schedule if the other party has violated previous agreements:

1. A debt has formed. The user of rental equipment violated the payment schedule twice.
2. Tenant reorganization.
3. At the initiative of the lessee, changes were made to design features car. They reduce the value of an asset.
4. The property was damaged through the fault of the lessee. He did not make repairs on time according to the lessor's claim.
5. Death, damage to the subject of the transaction.
6. The owner of the property decided to sublease the vehicle to another organization for objective reasons.

In order to refuse cooperation, you must make a claim. In it, the lessor is obliged to prove the delay in paying bills (numbers and amounts of the last payment orders) and the deterioration in the performance of the car (conclusion of an expert technician).

Redemption value recalculation

When settling controversial points The lessee has to pay:

1. The remainder of the contract.
2. Penalties for violation of the payment schedule.
3. Contractual penalty.

The redemption price of the property is calculated in accordance with and and is established by agreement or at the time of transfer of the object:

1. When signing the contract.
2. When calculating the residual value of the subject of the transaction by an expert technician.

The following characteristics are taken into account in the expert's act:

1. Qualitative state of the fixed assets object.
2. His equipment.
3. Defects that were caused during operation.

Attention! The expert compares two acts: the old and the new. The first document was signed during the transfer of property for rent, at the time of signing the contract.

The second paper is drawn up after active use rental equipment (operation).

VAT on early termination of the lease agreement

In most cases, the redemption value of the property ahead of schedule is lower than the contractual amount. In the month of termination of the transaction, the last lease expenses are recognized in full.

This means that the accounting applies the lease payment without value added tax, which is reduced by the share of depreciation.

Later, depreciation should be stopped and the new property and the transaction itself should be reflected in the following accounting accounts:

Attention! Leasing, including on the terms of early repayment, is organized without VAT.

The entire amount of VAT paid is subject to deduction (refund) as payments are made and received upon submission of invoices from the Lessor.

Procedure for breaking a deal in court

Early termination of a leasing agreement at the initiative of the lessee, in other words, early redemption of the leased asset is not such a rare situation.

When it may be required

The most optimistic option of early redemption assumes that the lessee has available funds and he intends to buy the property ahead of schedule in order to reduce overpayments. In the head of the entrepreneur at this moment, the analogy with bank loan. And this is not quite a true analogy.

The second option is a situation that lawyers call a significant change in the terms of use of the leased asset. In practice, it looks like this. LLC "Romashka" wants to sell the loader LLC "Vasilek". But the loader is leased, and our "Romashka" cannot do this without an early repurchase.

The third option: the company merges, is absorbed - in a word, the legal entity is being transformed. In this case new owner, most likely will require that all assets be owned by the company.

Finally, the fourth option, which is not commonly discussed. Some lessees seek to disguise a purchase and sale agreement as a leasing agreement. They make a significant advance payment and after a while declare their desire to buy out the leased asset ahead of schedule. This is an extremely risky option, and below we will explain why.

Start with a contract

The practice of leasing companies for early redemption of property is heterogeneous. If you already have a valid contract, then start by studying the points on early redemption. If you only plan to take something on lease and do not exclude the option of its early termination, then choose a company that treats this as loyally as possible. In general, as the survey shows, a significant part of the companies provides for the possibility of early redemption even at the conclusion of the contract and adds a line to the payment schedule showing the amount of payments required to complete the transaction.

Credit analogy

We have already said that analogies with credit are inappropriate here. The structure of a leasing transaction is more complex than a credit transaction; both the bank and the Insurance Company. Financial obligations to them affect the amount that should be paid for early redemption of property. The table, which is based on a survey of leasing companies, presents a wide range of options.

From what period can you fearlessly redeem the leased asset?

The risks posed by the early termination of the leasing agreement were summarized by Kirill Zimarev, Head of Leasing Practice at Stare Legal:

Civil law risks. The lessee, by redeeming the property ahead of schedule, becomes the owner of the object of leasing in the same way as in the case of acquiring the object of leasing at the end of the term of the leasing agreement. However, if the lessor has used the leased asset as collateral, then the lessee must ensure that the record of the collateral is canceled by the lessor.

Tax risks. Tax risks lie in the possibility of re-qualification by the tax authority of a leasing agreement into a sale and purchase agreement with installments. In this case, the application tax breaks lease will be recognized as unreasonable, namely: instead of paying VAT on lease payments during the entire term of the lease agreement, the lessor will be charged VAT on the entire value of the property from the date of sale (there are such cases, for example, the Decree Arbitration Court of the West Siberian District dated March 2, 2018 N F04-6306/2017 in case N A81-3829/2017). In theory, recognizing the use of accelerated depreciation as unlawful, the tax authority can recalculate and charge additional property tax, but we have not found such cases.

However, based on the analyzed judicial practice, such retraining was carried out tax authorities not in cases of early repurchase of the leasing object, but in cases where the leasing agreement initially contained some defects. For example, a lease agreement was entered into between interdependent persons, no calculations were made between them, etc.

The absence of such controversy judicial practice can be explained as follows. Early redemption of the leased asset terminates the use by the parties of the agreement envisaged benefits. From the moment of redemption, all VAT payable on future lease payments is paid by the lessor. Accelerated depreciation ceases to apply. Thus, there are no additional tax risks in connection with the early repurchase of the leased asset.

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Terms of early termination of the leasing agreement. Position of lessors

Company name	From what period can the contract be terminated ahead of schedule	What does the client pay in case of early redemption, except for the cost of the leased asset?
	After the 13th leasing period (i.e. 13 months from the date of leasing).	The amount of early redemption is indicated in the schedule of leasing payments for the month of the planned redemption in the column "Price of early redemption of the leased asset", "Price of the leased asset payable". The lessee also pays the lease payment for the current month and all debts and penalties (if any)
	No restrictions	Cost of DC = Leasing payment for the current month + the amount of DC specified in the column "Early redemption amount with VAT" of the schedule for the line of the corresponding calendar month + The amount of the redemption price of the Property
	After 12 months	Total amount payments provided for by the lease payment schedule as of the closing date
	Not earlier than 6 months after the conclusion of the lease agreement	The lessee pays the balance of payments at a discount for early termination and the ownership of the leased asset passes to the lessee
	From 6 months	With an early schedule, the interest on the loan is recalculated. Therefore, the client pays the cost of the PL and interest until the termination
	From 13 months	In addition to the LP, the lessee pays a redemption payment equal to the balance of the debt for the cost of vehicles and the lost amount of expenses incurred by the lessor related to the leased vehicles
	6 months after the issuance of the leased asset to the client	A discount is provided on the balance of payments, the interest under the leasing agreement is not subject to recalculation. The discount is calculated individually.
	From 13 months	Current lease payment and early redemption price stipulated in the lease agreement
	From 7 months	In addition to paying the balance of the provided basic financing (leasing object), the lessee pays: 1) bank interest per month early redemption 2) reimbursement of insurance, if it is included in the lease payments 3) income of the leasing company for the month of early closing
	On agreement of the parties	On agreement of the parties
	From 6 months from the date of the act of the IPPL / commissioning	1) Expenses of the lessor for the provision of leasing services 2)% for use in cash for the period of the leasing agreement
	From 13 months	Costs of servicing financing as of the date of early closure, LC income and other mandatory payments provided for current legislation RF (if available)
	From 6 months	The entire amount stipulated by the contract is paid, however, a discount may be provided on the cost of financing, which was saved by early repayment of the contract
	After half the term of the leasing agreement, but it is also possible to close the leasing agreement earlier	Lease payment and redemption value
	Not earlier than 12 months after the start of the lease term	The amount of early redemption is reflected in the schedule
	From 2 months	The lessee must write a written application within 30 days for partial repayment under the agreement (the amounts of lease payments according to the schedule will be recalculated downward, the overpayment will be reduced), for full early termination of the agreement - 10 days in advance (bank interest will be recalculated)