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TAX IMPLICATIONS OF LEASING IN NIGERIA

The Federal Inland Revenue Service (FIRS) adopted the treatment of leasing by the International Accounting Standards on Leases SAS 11, and accordingly classifies leases for tax purposes as either finance or operating leases, together with other variants of leasing such as leveraged leases, sale and lease back and sale – type lease. At this point, it is important to explain some general principles as background to the specific tax issues in leasing to be discussed. Capital Allowance granted in…

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UNDERSTANDING KEY ISSUES IN LEASE CREDIT ASSESSMENT

As a lessor (the owner of the asset), leasing business can be sourced through the  following are the ways: By direct marketing of the Lessor’s services; the Lessor can approach a potential Lessee (the customer that needs the asset) for business; The Lessee initiating the approach to a Lessor for lease facility; Through sales-aid leasing whereby the supplier of equipment makes initial enquiries, and Through financial intermediaries e.g. brokers, consultants  acting on behalf of either the Lessor (owner of…

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SPOTING THE RED FLAGS IN A LESSEE’S PROPOSAL FOR A LEASE

There are several factors that portend danger in the performance of a firm. If a  potential corporate lessee comes up with a proposal for a lease transaction, it is  important to properly analyse the books and ensure the following signs are not available before venturing into such business.  These can make the difference between success and failure of a lease transaction.  Some of these factors include: Overtrading – which is a situation whereby a firm takes on more business…

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MAJOR ISSUES THAT AFFECT LEASE VERSUS BUY DECISIONS

There are some factors and variables, both qualitative and quantitative, that affects a person or firm’s decision either to buy or lease an asset. It is imperative as a lessee (user of an asset) to critically analyse these issues to arrive at a better decision. The following are some of the qualitative factors that imply an obvious advantage of leasing over buying an asset. (1)       Flexibility and convenience:  due to the nature of leasing, lessors (owner of an asset)…

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OVERCOMING COMMON OBJECTIONS IN LEASING

In other to succeed as a lessor (owner of asset), it is important to identify objections to leasing and find a way to overcome them to win the deal. Some of the most common objections include: Leasing is more expensive The person or entity wants to acquire through cash Leasing is complex The person or entity believes in ownership Non cancelable leases are a concern The person or entity is seeking tax benefits The following suggestions could help in…

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LEASE AND OTHER EQUIPMENT FINANCING OPTIONS

Leasing is similar to other forms of equipment financing. However, it has distinct nature from the other methods. i. Hire Purchase – the assets are delivered to a person who agrees to make periodical payments by way of hire with an option to purchase. There are two transactions i.e. Hire and purchase combined into one. A lease is technically a hire contract without more. So when a lease contract gives the lessee an option to purchase, it takes the transaction…

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HOW TO TREAT TAX AS A LESSEE (USER OF ASSET)

All lessees, especially a business entity, must treat their taxes appropriately in its books, and this should comply with the provisions of the latest circular “Guidelines on Tax Implications of Leasing” issued by the in Federal Inland Revenue Services (FIRS) in April 2010. The following specifies how  taxes should be treated by a lessee (user of asset): Finance Lease Treatment for Lessee The Companies Income Tax Act (CIT) regards the interest portion of the periodic lease rental and other…

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MAJOR GUIDES TO PROFITABLE LEASE STRUCTURING

Structuring a lease involves determining the periodic lease payment  based on the  terms of the lease, in such a way as to cover all costs associated with the lease investment and the target rate of return, while remaining competitive in the market.  Our focus is to consider the various methods and steps involved in structuring leases of various payment configurations and terms. Major structuring issues in leasing. Every lease contract contains special features and attributes structured or built-in by…

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FG SEEKS ELAN INTERVENTION TO DEVELOP THE MINING SECTOR

FG SEEKS ELAN INTERVENTION TO DEVELOP THE MINING SECTOR The Federal Government has recently contacted Equipment Leasing Association of Nigeria (ELAN), to partner with it on the implementation of Nigeria’s national economic strategic plan – the Economic Recovery and Growth Plan (ERGP). Part of this plan is the focus lab, which will be held in three focus areas: Manufacturing/ Processing, Agriculture/Transportation, and Power/Gas. The focus Labs in Manufacturing and Processing will provide a convening opportunity for the private sector…

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ELAN MOBILISES SUPPORT FOR HEALTHCARE DEVELOPMENT

ELAN MOBILISES SUPPORT FOR HEALTHCARE DEVELOPMENT In its quest to further develop the healthcare sector in Nigeria as well as enhance value propositions, ELAN had entered into partnership with Swiss Biostadt Limited, one of its members and a renowned vendor of medical equipment, to promote and facilitate investment under an “Equipment Leasing Scheme”. This scheme is expected to provide medical equipment to players in the healthcare sector, to further enhance service delivery in the sector.

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