Post by account_disabled on Dec 24, 2023 6:27:07 GMT
AArticle of Directive . . To my mind an assumption can also be made that where the sum total of the lease instalments payable by the lessee corresponds to the full price of the asset forming the subject matter of the agreement and consequently following payment of all instalments the lessee has the option to acquire the ownership of that asset without incurring additional fees or on payment of a symbolic fee only the likelihood of transfer of ownership of that asset borders on certainty as otherwise the actions of the lessee would be irrational in economic terms.
This assumption presupposes however that the leasing Country Email List agreement provides an option to purchase the leased asset that is for the transfer of ownership to be dependent exclusively upon the will of the lessee. It is only on this condition that the assumption of rational action by the lessee can be justified. Of course in particular instances for example when the leased asset is specialised machinery or equipment for which it is hard to find a purchaser and the lease term covers the entire useful economic life of the asset transfer of ownership may never take place even if the lessee has paid the total price of the asset by way of lease instalments. which may be treated in an exceptional manner for purposes of VAT.
In the light of the foregoing I believe that the abovementioned judgments in Eon Aset Menidjmunt and NLB Leasing should be interpreted to mean that both an agreement under which transfer of ownership of the leased asset to the lessee takes place by virtue of the agreement itself following payment of all instalments payable by the lessee and a lease agreement granting the lessee following payment of all instalments the option to acquire ownership of.
This assumption presupposes however that the leasing Country Email List agreement provides an option to purchase the leased asset that is for the transfer of ownership to be dependent exclusively upon the will of the lessee. It is only on this condition that the assumption of rational action by the lessee can be justified. Of course in particular instances for example when the leased asset is specialised machinery or equipment for which it is hard to find a purchaser and the lease term covers the entire useful economic life of the asset transfer of ownership may never take place even if the lessee has paid the total price of the asset by way of lease instalments. which may be treated in an exceptional manner for purposes of VAT.
In the light of the foregoing I believe that the abovementioned judgments in Eon Aset Menidjmunt and NLB Leasing should be interpreted to mean that both an agreement under which transfer of ownership of the leased asset to the lessee takes place by virtue of the agreement itself following payment of all instalments payable by the lessee and a lease agreement granting the lessee following payment of all instalments the option to acquire ownership of.