Operating lease in Hungary is governed by the country’s civil code, its law on value-added tax and the law on corporate tax, as well as the decisions of the Hungarian tax authorities.
As of accounting rules, this construction is mostly similar to rental transactions.
The leased object shall be returned to the lessor in case if the client does not want to make use of the call option. The term of the operating lease may be extended.
Advantages of this construction:
The lessee
Financial leasing is governed by the Act on Credit Institutions and Financial Enterprises. With this construction, the lessee may acquire ownership rights to the leased object by means of a closed-end or an open-end (with call option) financial leasing.
The essential elements of finance leasing are:
The leased object must be capitalised on the balance sheet of the lessee and a corresponding liability reported for the payment of future instalments. Furthermore, the lessee depreciates the assets in its accounts. The lessor retains title to the leased object. The lessee is the beneficial owner of the leased object, including all pertinent rights and obligations. At the end of the lease, either an unconditional hand-over (with or without residual value) or a handover option with a residual value can be agreed. To conduct financial leasing, the lessor must be a PLtd (public limited company) and needs authorisation from the PSZÁF (Hungarian state supervisory authority for banks and financial institutions).
Advantages of this construction:
The lessee:
Capital investment loan is governed by the Act on Credit Institutions and Financial Enterprises. With this construction the acquisition of means of production shall be financed, eventually by means of a tender, obtaining tax benefits.
With capital investment loan, the sale and purchase agreement concluded by the supplier and the client will be financed and thus the purchase price of the leased object will be paid to the supplier by the financing institution instead of the client. The leased object will be set up in the books of the debtor (= client) as asset together with the capital owed, i.e. the equipment will be written off in the books of the debtor. The debtor is owner of the leased object but the creditor has mortgage on the same until the credit is totally paid by the debtor. The debtor is beneficial user of the leased object having the whole scale of rights and obligations connected. The debtor will pay the rental instalments to the creditor during the term of the credit. After termination, the creditor will withdraw the mortgage from the leased object. Capital investment loan may only be granted by an incorporated company operating under permission granted by the HSFA (Hungarian Financial Supervisory Authority).
Advantages of this construction
The buyer of the leased object / debtor:
We offer factoring to suppliers for long-term claims, within the framework of international vendor contracts.
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