Lease
A lease is an agreement under which a lessor (the person who owns the asset) grants a lessee (the person who makes use of the asset) the exclusive possession and use of a specified asset for an agreed period in exchange for periodic payments. What distinguishes a lease from other types of rental agreements is that the lessee typically has exclusive possession of the asset for the duration of the agreement, meaning that the lessor does not maintain control of the asset.
The length of a lease agreement can range from very short-term, with payments made on a daily or weekly basis (e.g. car rentals), to long-term leases that can last up to 25 years or more. The two main categories of leases are capital leases and operating leases. A capital lease is similar to a loan and is usually used when the lessee expects to use the asset for most of the assets economic life. In a capital lease, the lessor essentially becomes the lender, and the lessee is the borrower, who agrees to repay the loan over a predetermined period of time. Capital leases also provide the lessee with certain rights and obligations related to the asset, such as a requirement to maintain it in good condition, pay for insurance and much more.
An operating lease is used when the lessee expects to use the asset for a shorter period of time. Here, the lessor essentially becomes a landlord, and the lessee is the tenant. The lessee has the right to use the asset while the lessor retains legal ownership. Operating leases are typically short-term and do not involve the transfer of any ownership rights.
Leases can be beneficial to both the lessor and the lessee. For the lessor, receiving periodic payments helps provide a steady stream of income and can also help to manage cash flow. For the lessee, it can be easier to pay for a leased asset than to purchase it outright, as it allows them to begin using the asset more quickly. Leasing also gives the lessee flexibility and the ability to upgrade to newer technology more often.
Leases can have a wide range of tax implications for both the lessor and the lessee. Depending on the type of asset being leased, the terms of the lease agreement, the tax jurisdiction in which the agreement is taking place and the country in which the lessor and lessee are located, taxes or tax incentives can apply. It is important to work with an experienced tax advisor or accountant to ensure that all taxes, incentives and other issues related to the lease are considered.
In conclusion, leases are an important agreement between two parties which allows them to effectively manage their assets. While leases can be very beneficial, it is important to consult an experienced professional to ensure the terms of the agreement are beneficial for both the lessor and the lessee.