What is a finance lease? What is an operating lease? What is the difference between them

Financial leasing means that the lessor purchases the leased object from the supplier and leases it to the lessee for use according to the specific requirements of the lessee for the leased object and the choice of the supplier, and the lessee pays the rent to the lessor in installments, and the ownership of the leased object belongs to the lessor during the lease period, and the lessee has the right to use the leased object;

Financial leasing is a new type of financial industry integrating financing and financing, technology and technology upgrading.

Due to the characteristics of the combination of financing and financing, the leasing company can handle the leased property when there is a problem, so the requirements for corporate credit and guarantee are not high when handling financing, so it is very suitable for small and medium-sized enterprise financing;

Operating leases.

operating leasing) is also known as service leasing, management leasing.

or operational leasing refers to a leasing method in which the lessor repeatedly leases the leased assets it operates to different lessees for use, and the lessee pays the rent until the assets are scrapped or eliminated.

Legal analysis: the main difference between operating lease and financial lease: the purpose is different, operating lease is the lessee simply to meet the short-term or temporary needs of production and operation to lease assets; The main purpose of the financial lease is financing, and the lessee has an obvious intention to acquire assets; The risks and rewards are different; The rights are different.

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

Article 703 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 735 A financial lease contract is a contract in which the lessor purchases the leased property 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.

1. The role is different. Because the leasing company can provide ready-made financial leasing assets, so that the enterprise can obtain and install and put into use in a very short time with a small amount of money, and can play a role quickly;

Therefore, financial leasing behavior can enable enterprises to shorten the construction period of the project, effectively avoid market risks, and at the same time, avoid enterprises from letting go of fleeting market opportunities due to insufficient funds.

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.

2. The judgment methods of the two are different. Financial leasing assets are purchased by professional leasing companies and then leased to enterprises that need to use them.

Financial leasing is essentially an alternative to the purchase of fixed assets in installments, but it is much higher than outright purchases. In the case of an operating lease, however, only the right to use the asset is transferred, but the risks and rewards associated with the ownership of the asset are not transferred;

It still belongs to the lessor, and the lessee only pays the relevant expenses in accordance with the contract, and the operating lease assets that expire the lease term are returned to the lessor by the lessee enterprise.

3. 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 looks for the lessee enterprise, and the financial lease leases the design.

It is to be purchased at the request of the lessee or selected by the lessee directly from the manufacturer or seller.

Legal basis] Article 703 of the Civil Code, 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.

1. The purpose of leasing is the same.

Leasing generally adopts the leasing method of financing the right to use equipment, so as to achieve the main purpose of financing assets. For lessors, it is a new means of financial investment, and for lessees, it is a new way of financing equipment.

2. The use of the lease object is the same.

The use of leased equipment is limited to commercial and industrial, public utilities and other undertakings, excluding personal consumption use.

3. All of them are paid leases.

The lessee needs to pay the agreed rent to the lessor as a consideration, and the rent has the nature of the principal and interest of the loan.

4. During the lease period, the ownership of the equipment belongs to the lessor, and the right to use belongs to the lessee.

5. Both parties to the lease are profitable.

Leasing opens up new financing channels and is of special significance to the majority of small and medium-sized enterprises. With the help of lease, the lessee can retain the bank loan line and scarce cash resources, and enhance the flexible use of working capital of the enterprise.

For lessors, leasing is also a way of financial management, and usually the lease interest is higher than the bank loan interest, because of Zheng Shengqi, leasing companies and financial institutions are more attractive to develop leasing transactions.

1. The definitions are different.

Financial leasing means that the lessor purchases the leased object from the supplier and leases it to the lessee for use according to the specific requirements of the lessee for the leased object and the choice of the supplier, and the lessee pays the rent to the lessor in installments, and the ownership of the leased object belongs to the lessor during the lease period, and the lessee has the right to use the leased object;

Operating leases, also known as service leases. It refers to an economic activity in which the lessor provides the lessee with the equipment and the right to use it, and also provides other specialized services such as equipment repair and maintenance, and bears the risk of equipment obsolescence.

2. 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.

3. The responsible parties for equipment repair and maintenance are different.

Operating leases are the responsibility of the leasing company, while financial leases are the responsibility of the lessee.

4. The characteristics are different.

In addition to the characteristics of flexible financing methods, financial leasing also has the characteristics of long financing term, flexible repayment method and low pressure.

In addition to providing the leased property, the lessor of the operating lease is also responsible for the repair and maintenance of the leased property.

The differences between operating leases and financial leases are as follows:

1. The role is different.

2. The judgment methods of the two are different.

3. The leasing procedure is different.

4. The lease term is different.

5. The responsible parties for equipment repair and maintenance are different.

6. After the expiration of the lease period, the equipment disposal method is different.

7. The essence of the lease is different.

1. What is the tax rate for rental services?

The tax rate for rental services is divided into the following three points:

1. The tax rate for providing tangible movable property leasing services is 13%;

2. The tax rate for real estate leasing services is 9%;

3. Individual rental housing is levied at a rate of 5% minus levy.

Leasing is a combination of commodity form and monetary form to provide credit activities, the lessor to lease assets to the enterprise at the same time, to solve the capital needs of the enterprise, with the dual nature of credit and **. Leases can be classified from different perspectives. From the purpose of the lease, it can be divided into financial lease and operating lease; From the perspective of taxation, there are formal leases and hire-purchase leases.

Features of the lease:

1. Separation of ownership and use rights;

2. Combination of financing and financing;

3. Installment return of rent.

2. What are the contents of the building materials lease contract?

1. The text of this contract is mainly applicable to the leasing of building materials.

2. Place of fulfillment.

3. Lease term.

4. Rent and its payment method and term.

5. Repair and maintenance of leased items and bear costs.

6. Liability for damage to the leased property.

7. Liability for breach of contract.

8. Dispute Resolution.

3. How to write a financial lease contract?

Key points for signing a financial lease contract:

1. In terms of the form of the contract: the financial lease contract is an essential contract and should be in written form.

2. The main contents of the financial lease contract shall include: the name, quantity, specifications, technical performance, inspection method, lease term, rent composition and its payment period and currency, and the ownership of the leased object at the expiration of the lease period.

3. Parties to a financial lease: A financial lease contract is a combination of two or more contracts, generally involving at least three parties.

4. Rent agreement: The lessee should pay attention to the principle of determining the amount of rent of the leased property, that is, the parties can freely agree, if not, it shall be determined according to most or all of the cost of purchasing the leased property and the reasonable profit of the lessor.

5. Assumption of liability: In principle, the lessor of a financial lease shall not be liable for the defects of the leased object, unless the lessee relies on the lessor's skills to determine the leased object or the lessee and bridge the lessee chain intervenes in the selection of the leased object.

Civil Code of the People's Republic of China

Article 703 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.