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First, the role is different.
Because the leasing company can provide ready-made financial leasing assets, so that the enterprise can be obtained and installed in a very short period of time with a small amount of funds, and can quickly play a role and produce benefits, therefore, the financial leasing behavior can enable the enterprise to shorten the construction period of the project, effectively avoid market risks, and at the same time, avoid the enterprise due to insufficient funds and let go of fleeting market opportunities.
Operating leases enable enterprises to selectively lease assets that they urgently need but do not want to own. In particular, equipment with high process level and fast upgrading is more suitable for operating leasing.
Second, the leasing procedure is different.
The equipment leased by the operating lease is selected by the leasing company according to the needs of the market, and then the tenant is found.
The equipment leased by the financial lease shall be purchased at the request of the lessee or selected by the lessee directly from the manufacturer or seller.
Third, the characteristics are different.
Operating leases are voidable. During the contract period, the lessee may terminate the contract and return the equipment in order to lease more advanced equipment;
At the expiration of the lease term, the ownership of the leased assets is transferred to the lessee.
Fourth, the lease term is different.
The operating lease term is shorter, which is shorter than the effective life of the asset, whereas the lease term of the financial lease is longer, which is close to the effective life of the asset.
Fifth, the responsibility for equipment repair and maintenance is different.
Operating leases are the responsibility of the leasing company, while financial leases are the responsibility of the lessee.
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In addition, the lease is particularly long, almost close to the service life of the equipment, and the rent can recover almost the entire price of the equipment, in the tax law, the most important performance is that after the end of the lease period, who owns the equipment, if it is a lessor, then it is an operating lease, if it is a lessee, then it is a financial lease.
For example, if your company rents a piece of equipment from an equipment leasing company, but the equipment leasing company does not have it now, you make a request to the leasing company according to your own needs, and then the leasing company buys the equipment. Then lease it to your company.
The service life of the equipment is 10 years, your company has leased it for 8 years, the purchase amount of the equipment, plus interest expenses, etc., your company is almost all borne in installments, and finally at the end of the lease period, your company has bought the equipment back with a very low **.
Then this lease is a financial lease, and if it is not a financial lease, it is an operating lease.
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The classification of leases includes financial leases and operating leases, and the lessee and the coarse people shall divide the lease into financial lease and operating lease on the lease commencement date.
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The biggest difference between an operating lease and a financial lease is the transfer of ownership, which is that the operating lease does not transfer ownership, and the financial lease transfers ownership.
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Because this is how financial leasing is defined, it is also the essence of this modern financing model.
See Constructor I course.
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The difference between an operating lease and a financial lease.
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The difference between an operating lease and a financial lease is: 1. The subject of an operating lease includes the lessor and the lessee, while the subject of the financial lease includes the lessor, the lessee and the seller; 2. The specific content of the contract is different, and the financial lease contract includes the terms and conditions of the lessor purchasing the leased object from the seller according to the lessee's choice.
Article 703 of the Civil Code of the People's Republic of China stipulates that a lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent. Article 704 of the Civil Code of the People's Republic of China provides that the content of a lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of payment, maintenance of the leased property, etc. Article 735 of the Civil Code of the People's Republic of China provides a financial lease contract in which the lessor purchases the leased object from the seller according to the lessee's choice of the seller and the leased object, provides it to the lessee for use, and the lessee pays the rent.
Article 736 of the Civil Code of the People's Republic of China provides that the content of a financial lease contract generally includes the name, quantity, specification, technical performance, inspection method of the leased object, the lease term, the composition of the rent and the term and method of payment, the currency, and the ownership of the leased object upon the expiration of the lease term. The financial lease contract shall be in written form.
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