What should be paid attention to when renting a factory, and what problems should be paid attention

1. Precautions for inspecting the plant.

There are at least a few points to consider when inspecting the leased plant on site:

1) Whether the factory building is a legal building;

2) whether the use of the factory is suitable for the purpose of your lease;

3) the land use period of the plant;

4) whether the lessor has the right to lease;

5) Whether the plant has passed the fire protection acceptance;

6) Whether the factory is mortgaged or seized.

2. The tax to be paid for leasing the plant.

1) Property tax.

12% property tax on rental income (if the tax authority has already levied property tax on the residual value of the property, then the 12% property tax on rental income is no longer payable).

2) Urban maintenance and construction tax and education surcharge.

The actual amount of business tax paid is multiplied by the urban construction tax rate (the third-level tax rate is applicable according to the location of the taxpayer) and the education fee surcharge rate of 3%.

3) Stamp duty.

Both parties to the lease shall pay stamp duty at one thousandth of the lease amount, and if the tax amount is less than 1 yuan, it shall be paid at 1 yuan. If the tax payable is more than one dime, the mantissa of the tax amount is less than five cents, and the full five cents are calculated according to one dime, and the minimum starting point of the tax payable of one yuan is stipulated for the property lease contract, and if the tax amount exceeds one dime but is less than one yuan, the tax shall be paid at one yuan.

4) Sales tax.

Business tax is paid at the rate of rental income * 5%.

1. Whether the environment meets the requirements of the industry.

Including noise, odor, dust, traffic, drainage and sewage, environmental impact assessment, workers' living environment, production and living convenience, developability, the nature of the land and the legality of the building, the planning period, whether the industry and commerce can be registered, and whether the local policy supports.

2. To run a factory, you generally need to apply for a business license.

Even if you don't do it at the beginning, you have to make up for it when the business stabilizes. Then, before signing the contract, you must determine whether you can get a lease contract, because you need a business license. Some factories cannot be done because they are subleased.

Otherwise, when the time comes, when all the business licenses are ready, you can't do it, and you have to move the factory, and what a big loss. There is also a fire protection approval. Be sure to write it on the contract.

3. Housing use.

Both the landlord and the tenant should verify the records of the real estate title certificate regarding the property and land use, and understand the actual use of the project land and the project property. The specific use of the industrial plant should be set out in as much detail as possible in the lease contract. At the same time, the specific description should take into account the explicit restrictions in the relevant administrative approvals of the real estate of the project.

4. Industrial real estate approval.

In particular, the lessee should be aware of and fully aware of the restrictions and risks arising from the administrative approval process. If there is any discrepancy between the lessee and the approval, the lessee may be suspended or fined.

Legal analysis: the process of leasing factories for enterprises: 1. It is necessary to grasp some correct channels for leasing factories now:

For example, Antong factory network is a good platform, of course, you can also walk directly into an intermediary company, find a broker to choose the right one for you, of course, you need to pay about 1 month's rent as a commission. If you are a girl, you will be accompanied when you look at the room.

2. Factory**: one is the owner of the house, that is, the "owner" in the mouth of the intermediary, one is the intermediary or ** company, and the other is the second landlord. This will directly affect who you will sign the lease with, and it will also affect the entanglement of interests between the two of you at the end of your contractual relationship.

3. Deposit: Whether it is the owner or the intermediary, if you are optimistic about the house, you need to pay a certain amount of deposit, they usually ask to pay a month's rent, do not agree, negotiate within 500. 4. Sign the contract

If you sign the contract directly with the landlord, there is no third party involved, and the relationship between you will be much simpler. If you are an agent, there are two situations, 1, they will ask you to sign a contract with the landlord and only receive a commission from it, 2, you sign a contract with the agent and you will not see the landlord. It is recommended to choose the way to sign a contract with the landlord and not let the agent interfere in this matter.

5. Rent: Generally speaking, it is a deposit to pay three, a quarter to pay, there are a few cases where you can pay two to pay two, and whether your deposit can be returned smoothly depends on Party A's character or your character, so when it comes to deposits, you must ask in detail about it.

Legal basis: Civil Code of the People's Republic of China

Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Article 705: The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

This is quite a lot, in the general direction, you have to consider the factory itself, you have to consider the landlord or lessor, but also consider the cost.

In terms of factory buildings, the parameters of the plant should be considered. For example, the height, basically according to the principle of short board, you have to put your maximum demand height into the factory you want to rent for comparison. For example, if your equipment is up to 6 meters, then your plant will have to drip more than 7 meters or even 8 meters.

The parameters of the plant generally include: plant type, floor height, floor, area, house type, ventilation, new and old degree, load-bearing, power distribution, certificates, etc.

For example, if the power distribution is not enough, can it be added, whether the plant is ventilated, whether there is an air conditioning or ventilation system, whether there is a production line that can be produced, and whether there is floor paint. The parameters are as good as they can be, and of course, if they don't have them, they don't have to be.

In addition to the plant parameters, you also need to consider the internal and external supporting facilities of the plant.

Internal facilities, if there is an office, it is best to have, you don't need to be separated, there is no need to spend an extra amount of money, in addition to the office, there must be a pantry, a toilet, a rest area and so on. If you are purely for production, the pantry and rest area can be considered together, and the toilet is a must.

In addition, the internal environment should also consider the house type, the house type is square, whether the windows and light transmission are good or not, these must be considered, and if the light transmission is too poor, your water and electricity bills will be more.

There is also the external environment: it is best to be close to the main road, if you don't have to consider the unloading and entry and exit of the vehicle, you may not be able to enter the big car if you don't consider this, and you will have to spend extra labor and fare to transport, which is very complicated. Secondly, there are fewer residents around, after all, it is production, occasionally or often you have to work night shifts, and the roar of the machine is so loud, others complain about you, you are very troublesome.

2.Lessor.

If the person who signed the contract with you is a second-hand landlord, or he rented it himself, and he doesn't want to rent it, looking for you, then you may encounter two problems, one is that the landlord doesn't know at all, and he won't find out that he has changed people until he comes to collect the house for half a year. Either sign a separate agreement stating the identity and rental rights of the lessor, or you need to look at the real estate certificate, ID card, land certificate and other documents. It is best to record the whole process to facilitate subsequent evidence collection.

After all, it is indispensable to guard against people. Or you can go to the China Industry Merchants Network to see, it is the original landlord's **, you don't have to worry about this problem.

3.Expenses. The most important thing in this regard is to write down all the costs in the contract, such as the cost of equipment maintenance, the cost of repairing damaged land, the length of the rent-free period, the payment method, the possibility of rent increase, etc. There is also clarification of the rights and responsibilities of both parties. There is also the time and method of payment, what happens if it is overdue, etc.

1. Considering the relevant policies of the area where the plant is located, it is a tax policy to prevent obstacles in the process of going through the relevant industrial and commercial registration and tax registration, which will affect the progress of the plan. When selecting a site, it is necessary to understand the relevant policy information clearly, and it is also necessary to listen to professional institutions, such as local lawyers, after listening to the professional opinions and suggestions of local lawyers, before deciding whether to lease a factory here.

2. When leasing a factory, it is necessary to see whether the documents are complete. Land certificate, real estate certificate, fire approval, etc. Is it legal to rent:

Whether the factory can be rented out, and whether the owner can provide a formal condition of the facilities for leasing the factory. Whether there is damage to the structure of the house, whether the fire protection facilities are available, etc. Infrastructure:

Transportation, electricity, water supply, etc. The other is that you negotiate with the landlord about some of the terms and risks of the contract, such as the annual increase in rent, whether to ask for a restitution when you move out, etc.

It is recommended to rent a factory in the industrial park, mainly depending on the best policy, whether the supporting facilities of the park are complete, and whether you can assist in the official operation of the plant.

1. Consider the comprehensive environment around the plant. In particular, it is necessary to carefully choose the surrounding residential factories for rent, due to the early urban problems, some factories are located near residential areas, which are prone to legal disputes. Judging from past experience, the residential areas around the factory or factory often become a hidden danger for complaints and neighboring lawsuits, and once a dispute occurs, it is easy to affect the normal operation of the enterprise.

2. Consider the relevant policies of the administrative area where the plant is located, especially the tax policy, to prevent obstacles in the process of going through the relevant industrial and commercial registration and tax registration, which will affect the progress of the investment plan; For example, in the context of increasing emphasis on building a green economy and effectively controlling energy consumption and output, some regions are reluctant to accept certain industrial enterprises with high energy consumption to settle in their regions. When selecting a site, enterprises should have a clear understanding of the relevant policy information in advance, and it is also necessary to listen to the professional opinions and suggestions of professional institutions, such as local lawyers. Some foreign-funded enterprises should learn more about the local industrial policies from the industrial and commercial, taxation and foreign investment management authorities of the place where they intend to invest, fully understand the conditions for enterprises enjoying local preferential policies, and avoid encountering insurmountable policy obstacles in their investment plans due to conflicts with local industrial policies.

3. Consider whether the transportation of the location of the plant is convenient, for example, export processing enterprises require container trucks to be able to directly enter the plant for loading and unloading operations, and for products with high waterproof, dustproof and light-proof requirements, there are also special requirements for the loading and unloading area. All of these factors need to be considered in the site selection process. For example, for the requirements of vehicle traffic height, it is necessary to consider not only the restrictions on the height of the factory floor and the height of the door, but also the conditions of the road (elevated road height limit, telephone poles) and other traffic roads.