Based on the provisions of Circular 45/2013/TT-BTC, LawFirm.Vn provides necessary information on “Management and depreciation of fixed assets due to rent or lease”
1. What are financial lease fixed assets?
According to Clause 3, Article 2 of Circular 45/2013/TT-BTC, financial leased fixed assets are fixed assets that an enterprise leases from a financial leasing company. At the end of the lease term, the lessee has the right to choose to buy back the leased asset or continue to lease according to the conditions agreed in the financial lease contract. The total rental amount for a type of asset specified in the financial lease contract must be at least equivalent to the value of that asset at the time the contract is signed.
2. Management and depreciation of fixed assets for operating lease
According to Point a, Clause 2, Article 8 of Circular 45/2013/TT-BTC, the responsibilities of the lessor and lessee of fixed assets in case of operating lease are as follows:
– The leasing enterprise must be responsible for managing and using fixed assets according to the provisions of the lease contract. Fixed asset rental costs are accounted for in business expenses during the period.
– The leasing enterprise, as the owner, must monitor and manage leased fixed assets.
3. Management and depreciation of financial lease fixed assets
According to Point b, Clause 2, Article 8 of Circular 45/2013/TT-BTC, the responsibilities of the lessor and lessee of fixed assets in the case of financial leasing are as follows:
– The leasing enterprise must monitor, manage and use the leased fixed assets as fixed assets owned by the enterprise and must fully fulfill the obligations committed in the fixed asset lease contract. determined.
– Leasing businesses, as investors, must monitor and strictly comply with the regulations in fixed asset rental contracts.
4. Rental property repair costs
According to Point c, Clause 2, Article 8 of Circular 45/2013/TT-BTC, if the contract stipulates that the lessee is responsible for repairing the asset during the lease period, the cost of repairing the leased fixed asset is allowed to be accounted for. expenses or gradually allocate them to business expenses but for a maximum period of no more than 3 years.
5. Depreciation time
According to Clause 6, Article 9 of Circular 45/2013/TT-BTC, leasing enterprises shall depreciate leased fixed assets as if they owned assets in the case of financial tax, if they buy back fixed assets after the term. rent. If you commit from the beginning not to buy back the leased asset, depreciation will be deducted during the lease term.
