What is meant exactly by these terms, often used incorrectly in everyday speech?

Leasing is a contract by which the lessor, in exchange for payment, gives the right to use an asset for an agreed period. The leasing company remains the legal owner of the asset throughout the contract. The ownership of the asset may or may not be transferred to the lessee at the end of the contract. Contracts which provide for the direct transfer of the legal ownership of assets to the customer from the start are not considered as leasing contracts.

Legal framework

Leasing was introduced in Belgium in November 1961. However, it had to wait six years, and more specifically for Royal Decree no. 55 of 10 November 1967, to be given legal status.

This royal decree, still applicable today, determines the criteria which the transactions must meet and sets the principle of approval by the Federal Public Service Economy in order to be able to practise this activity.

It distinguishes non-real estate leasing from real estate leasing:

1. Non-real estate leasing
   • must be based on capital goods for business use
   • the lessee chooses the equipment itself
   • the term of the lease corresponds to the estimated economic life of the asset
   • the amount of the lease payments is established so as to amortise the amount of the investment over the term of the lease
   • the lessee can become the owner of the asset by exercising the purchase option
2. Real estate leasing
   • must be based on constructed buildings (i.e. it is not possible to take real estate leasing on land only)
   • the term of the leasing contract must be fixed and the contract cannot be terminated
   • the lessor must give the lessee enjoyment of the building and land on which it is erected
   • the lessee can become the owner of the asset by exercising the purchase option

Commercial environment

The market distinguishes two possible leasing schemes:

1. Financial leasing: this is the oldest and simplest scheme, in the sense that few services are associated with it. It has the advantage of spreading the payment over a defined term.
   
   Although the lessor is always the legal owner of the asset during the term of the leasing contract, in practice, it is the lessee who benefits from the asset as if they were the owner, i.e. it is the lessee who bears the risks and draws the benefits resulting from the ownership of the asset.
    
2. Operational leasing: this is often accompanied by a range of additional services, i.e. in addition to administrative and financial functions, the lessor provides support as well as technical management of the assets.
   
   Here, the lessee does not bear the risks or draw the benefits of ownership.

Accountancy framework

When leasing appeared on the Belgian market, transactions were not recorded in the annual accounts of the lessee. The lessee treated these leasing transactions as lease contracts and recorded the regular leasing payments in its accounts as general expenses.

As such, the company did not show in its annual accounts the obligations arising from leasing and its commitments were therefore underestimated.

At the request of the Banking Commission (now FSMA), the Royal Decree of 8 October 1976 was established. This changed the accounting principles of leasing transactions. Indeed, this decree states that the accounting treatment of leasing transactions will be based on the economic ownership of the asset (and not exclusively on the legal ownership rights).

One of the results has been to force the lessee to show leasing transactions on its balance sheet. This is not the case, however, for leasing of non-real estate assets with purchase options of over 15% as well as for some forms of real estate leasing.

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Ask the right questions

• Do you already have several "traditional" financing obligations at present?
• Are you nurturing short-term projects that will require use of your liquid funds?
• Would you like the option of regularly renewing your equipment (cars, computers, etc.) and not having to worry about re-selling?
• Would you like to stagger payment of VAT linked to your purchase?
• Do you want to benefit from additional tax advantages?
   

Choose the leasing that suits you best

• Are you searching for a solution that won't affect your balance sheet?
• Are you thinking of purchasing the equipment upon maturity of the leasing contract?
• Would you like to rid yourself of any administrative formalities (ordering, follow-up, maintenance, etc.)?
• Are you looking for an "all-inclusive" package (insurance, assistance, etc.)?
• Do you want to pay the same amount every month/quarter or a higher initial payment?
• In the case of vehicle or IT leasing, how many vehicles (commercial and/or passenger) or computers do you require?

The answers to these questions will allow your relationship manager to better define your needs and to determine the type of leasing you require. Please contact him or her if you require any further information.

It's not always easy to navigate your way through the maze of leasing legislation. Our specialists explain.

Can the customer choose not to enter its leasing on its balance sheet?

Philippe Tilkin, Marketing & Solutions Manager at BNP Paribas Leasing Solutions:

“This depends on the scheme in question. In the case of leasing based on capital assets (car, IT or other), there are two possibilities. Either the purchase option is less than or equal to 15% of the investment amount and the lessee will amortise it on their balance sheet (on-balance sheet leasing). Or the purchase option is greater than 15% of the investment amount and they could book it as general expenses on their income statement. This will allow them to reduce their taxable profit and therefore the amount of tax to be paid. The transaction will then be entered on the balance sheet of the lessor and not on that of the lessee (off-balance sheet leasing).

There are also two options if the leasing relates to a building. Either the capital is fully repaid during the term of the lease (full pay out) and then the transaction is accounted for on the balance sheet (realisation and amortisation by the recipient, debt on the liabilities side). Or the transaction is not fully paid out – usually a contract with a residual value of 10% for the building, plus the value of the building lot if part of the lease – and then the transaction is not accounted for on the balance sheet (the leasing payments are considered costs).

I would like to stress that all this is ‘within the meaning of current legislation’, as the international accounting regulations seem to be gaining ground. As such, it could be that, in future, any transaction arising from leasing must appear on the balance sheet of the lessee. However, nothing has yet been decided. And I add the advice of Mr Tanguy van de Werve, Managing Director of Leaseurope (professional association representing the European leasing industry), who confirms that in a context where the European political decision-makers are striving to promote access to productive assets to boost growth, playing with the current leasing accounting model would carry considerable risks.”

How should the customer deal with VAT?

P. Tilkin: “Leasing allows companies liable to VAT to pre-finance it and spread the cost over the term of the contract. Furthermore, they can recover the VAT on leasing payments, and also on the interest included in the leasing payments. Finally, if the maintenance and repair costs are covered by the lessee, they are also liable for VAT and are therefore recoverable.”

Marc Melis, Sales Director at Arval: “In the context of vehicles, one of the advantages of operational leasing is the fact that the client only has to fulfil part of their VAT obligations, calculated on the delta between the initial investment and the salvage value of the vehicle at the end of the contract. Companies liable to VAT can recuperate part of the VAT paid by means of their monthly leasing payments. This recovery is done by way of VAT administration which, since January 2013, has established various methods in order to determine the level of recovery depending on the ratio of professional/private usage (with a maximum of 50%).”

P. Tilkin: “In terms of real estate leasing, the distinction should be made between recent buildings or buildings to be constructed, which are liable to VAT – and therefore recoverable provided that the recipient is liable to VAT and entitled to deduction –, and old buildings which do not fall under the VAT system. Consequently, you do not need to pay VAT on the rents.”

Factoring is playing an increasingly important role in promoting the growth of Belgian and international companies. BNP Paribas Fortis Factor provides the oxygen to their growth story.

You want your business to grow and thrive, and so all the help and guidance you can get are more than welcome. The reason is clear: support brings extra energy to your entrepreneurial spirit and essential resources to fuel your innovative growth plans.

BNP Paribas Fortis Factor, a subsidiary of BNP Paribas Fortis, offers a service designed precisely for that: to relieve stress and motivate, to promote and nurture your growth. In this interview, Jef Ramaekers, Head Factoring Benelux at BNP Paribas Fortis Factor, and Audrey Bourguet, Working Capital Advisor at BNP Paribas Fortis Corporate Banking, come together to discuss one key topic: Factoring and the positive role it can play for Belgian businesses and their international branches.

Explaining factoring succinctly, however, is a challenge. Jef Ramaekers, Head Factoring Benelux at BNP Paribas Fortis Factor, clarifies: “To start with, factoring is a means, not an end. It’s a tool for business owners or CFOs to optimise working capital. Every financial manager, in any company, will at some point ask the same question: ‘Who do I need to pay, when, and how can I pay them with the resources I have?’ Simply put, factoring enables businesses to pay suppliers without waiting for customer payments to come in. We finance invoices by converting them into directly available cash for the business.”

This process actively alleviates concerns and reduces stress factors, allowing entrepreneurs to focus on what they do best – running their business. Ramaekers adds, “We like to say ‘giving oxygen to growth stories.’ But I certainly see the value in the term ‘relieving stress’ here. By giving an entrepreneur or CFO the freedom to focus on core activities and by taking on a key part of the financial management, we create extra time and opportunities. And they also have less to worry about."

Positive shift

According to Ramaekers, the traditionally negative perception of factoring is a thing of the past: “Factoring was once seen by many business leaders as a ‘lender of last-resort’ – a way to borrow money from the bank by using assets, receivables, or customer invoices. In other words, a company’s last resort. Fortunately, those days are long behind us. We’ve evolved towards a very open attitude to factoring, allowing our division to grow into a true service provider. Our clients’ primary need remains short-term financing. Today, one in five invoices in our country is paid through factoring. Factoring is now a substantial market, representing more than one hundred billion euros per year. BNP Paribas Fortis Factor manages 41 per cent of this market, accounting for EUR 55 billion at the end of 2023.

Growth

From the bank’s perspective, factoring also represents a significant growth story. Audrey Bourguet, Working Capital Advisor at Transaction Banking for BNP Paribas Fortis, explains: “Today, factoring is the financial product that nicely aligns with the rising turnover of our companies. It provides a practical solution for working capital and is part of a suite of Transaction Banking services. In addition to Factor, this also includes Global Trade Solutions, Cash Management, Fixed Income, and Working Capital Advisory. All these services share a common goal: provide the best possible solution for our clients’ financial needs and be there for them in all situations where they can benefit from our support.”

Factoring, from the bank’s standpoint, represents an increasingly strong and positive story, unlinked from its past connotations. Bourguet adds, “You can see this in how we truly integrate factoring within our bank and the group, and in how we offer this service to businesses across all sectors and sizes. We work with a wide range of companies in the Belgian economy. As a result, we have seen that it is precisely those companies that succeed in optimising the funding of their working capital by making use of our factoring services, among other things. This reinforces our belief that it is a very positive story: we’re talking about a form of financing that seamlessly adapts to the growth of any business, large or small.”

Natural evolution

Factoring is available to small, medium-sized, and large companies alike. Ramaekers says, “We aim to provide a solution that supports businesses throughout their entire lifecycle – we’re genuinely unique in the market in this regard. This means that we are there for start-ups, SMEs, multinationals, and every type of business in between. We are the only bank on the market to have a digital solution for small businesses in the form of Easy2Cash. This digitalisation makes it a very cost-effective option with highly competitive margins, but also a reliable, particularly fast and up-to-date link with our customers and their accounting, using a digital yet personal approach. Although Easy2Cash is digital, it includes a dedicated contact person, making the solution both personal and accessible. For start-ups, for example, it’s often challenging to secure credit. For these modest, short-term credit needs, we provide a solution in consultation with the BNP Paribas Fortis banker, enabling them to keep growing without being hindered by their expanding requirements for financing, automation, accounting, etc. Factoring gives them additional resources to meet these needs.”

Ramaekers notes that the steady growth of young companies also demands an adaptation of financial services: “It’s a natural evolution that benefits both partners. If your business grows, we grow with you – it’s that simple. During all those specific growth moments – when entrepreneurs start considering additional staff or potential exports – factoring grows with them. And we do this together with the bank; the group behind this story plays as a team. And let’s not forget, we’re here even if more challenging times come. We’re well aware that a company’s journey is not always easy. It’s at those moments that the value of our expertise and the support we provide really stands out.”

When a company grows into a large enterprise with the profile of a multinational, the importance of factoring further increases. Ramaekers says, "More than 65% of the really large companies in Belgium, with a turnover of more than EUR 1 billion, use factoring services. And half of them are our customers. Factoring often provides additional economies of scale for large enterprises. For example, we can finance receivables that have no impact on a company’s debt ratio. By combining invoice pre-financing with credit insurance, companies can avoid having debt on their balance sheet, with the approval of the company auditor. It’s a technical matter, but it is this combination of various financial elements that makes factoring efficient, high-performing and valuable for many companies.”

Economic fabric

The two agree on the value of factoring in supporting the economic fabric. Bourguet explains, “Part of this supportive role is due to the fact that factoring is a completely transparent financial service – you can only finance what is effectively there.” Ramaekers adds, “Absolutely. Plus, factoring sits right in the middle of the value chain, embedded in the economic fabric. We work alongside our clients, their customers (debtors), the bank, and so on. This makes us a key figure in this chain. We coordinate and facilitate. And for this we need to have our feet firmly planted on economic ground, often for the benefit of all our customers. When we succeed in, for example, reducing the payment terms of invoices for a business, it has a positive ripple effect not only for that company but for the economic process as a whole. This is why I am convinced that we play a broad role in the economic ecosystem – often broader than is generally perceived.”

Opportunities and fair guidance are also crucial in this financial field. Ramaekers says, “At Factor, we engage in transparent discussions with the bank and our clients to find the best solution for their needs. This means we identify opportunities and often suggest them, but also act as an honest, proactive sounding board. It’s about dialogue, analysis, and constructive critique.” Bourguet concurs: “I completely agree. With a service like factoring, we are deeply involved in our clients’ economic activity – the entrepreneurs who rely on us. So, we take a broad view of every case, looking beyond just a banking product or a single solution. This is what makes BNP Paribas Fortis’s approach so strong: we operate as a team, consisting of specialists from both Factor and the bank. This group of experts from different, well-coordinated entities provides entrepreneurs and companies with a comprehensive approach, even for complex cases. These are the moments when we truly rely on our internal expertise: years of experience; colleagues with solid knowledge; reliable economic data applicable to numerous scenarios. This combination enables us not only to guide companies in the right direction but also to provide financial support that is fair, safe, and sound.”

Future

Just like the bank itself, BNP Paribas Fortis Factor frequently considers its strategic direction for the future. As a provider of forward-thinking services, it’s essential to adopt a future-oriented approach to financial services. Ramaekers notes, “Earlier, I mentioned our digital solution, Easy2Cash. I think we can be quite proud of this because it is a glimpse into the future – today. Beyond that, our services are evolving very organically towards the future: we’re constantly striving to make them accessible to an ever-wider group of clients across the economic landscape. Additionally, we’re very focused on sustainability.”

Bourguet adds, “This last aspect is a natural extension of what we do at the bank every day. Our commitment to sustainability extends seamlessly to factoring: we encourage and motivate our clients to join us on this sustainable path.”

The two teams also collaborate closely in developing new services. Ramaekers explains, “We see a significant evolution in the commercial sector, with many online stores offering deferred payment options, such as a 30-day extension. This practice is also increasingly common in the B2B market. Factoring can innovate in this area, so we see it as part of the future we’re actively developing. From a European perspective, there are other innovations too: e-invoicing, for example, is soon to become the standard for all businesses. This presents both a challenge and an opportunity in terms of services and advisory, which we’re shaping together with the bank.”

The two partners have also developed new services. Ramaekers: "We have observed a remarkable evolution in the commercial sector, where many online stores offer payment delays of 30 days, for example. This practice is also increasingly common in the B2B market. Factoring can offer an innovative solution, so this is part of the future that we are currently developing. On the European level, there are also new features: e-invoicing will soon become the norm for all companies. This presents both a challenge and an opportunity in terms of services and advice, which we are developing together with the bank."

Bourguet concludes, “It’s clear that this is a story of synergy, one where we work together seamlessly. This isn’t just rewarding for us but also for our clients. We’re rooted in the heart of the economic marketplace, yet we’re also focused on creating platforms and products that will lead the way and shape the future of this market.”

More information: https://factor.bnpparibasfortis.be/

Thinking about leasing a company car? Not sure which options are available? Below is an overview of all our available leasing options. That way you can determine which type of leasing is right for you. What's more, our partner Arval has a top deal, valid until 30 November 2024: drive the new electric BMW iX1 eDrive20 or BMW i4 Gran Coupé for a very advantageous all-in price.

Financial or operational leasing?

The same reasoning applies to both financial and operational leasing: you pay a leasing company for a specific period, usually four or five years. In both cases, the leasing company is the legal owner of the car. You do, however, have the option to purchase the car at the end of the contract. In financial leasing, the amount of the purchase option is known from the start of the contract whereas with operational leasing, the amount is determined at the end of the contract based on the car's market value.

'Including services'

This is one of the major advantages of operational leasing versus financial leasing: the taxes, (comprehensive) insurance, maintenance and costs (except fuel) are all included in the rental price. What's more, you enjoy additional services such as summer and winter tyres, roadside assistance and a replacement vehicle. All you need to do is pay a specific amount each month and that's it. In short, you get to drive with peace of mind: everything has been paid for, except for the fuel.

Tax implications?

The purchase option has tax implications: for a financial lease, you depreciate the investment asset and deduct the interest on your tax return. The car is listed as an asset on your balance sheet. For an operational leasing contract, the full rental price is processed as a cost. Tax deduction limits apply in both cases and you may have to take the professional use of the car into account. Equally important: the VAT is paid monthly on the rental price and not in one go, allowing you to use your lines of credit for other investments.

Get our top deal

Our exceptional offer is valid until 30 November 2024: you can lease the new electric BMW iX1 eDrive20 or BMW i4 Gran Coupé under an operational leasing contract at an affordable and exclusive price, including all services.

Arval Belgium SA, Ikaroslaan 99, 1930 Zaventem – RPM Bruxelles – TVA BE 0436.781.102, intermédiaire en assurances à titre accessoire, inscrit auprès de la FSMA sous le numéro 047238 A. Sous réserve d’acceptation de votre demande.

Arval Belgium nv, Ikaroslaan 99, 1930 Zaventem – RPR Brussel – BTW BE 0436.781.102, nevenverzekeringstussenpersoon geregistreerd bij de FSMA onder het nummer 047238 A. Onder voorbehoud van aanvaarding van uw aanvraag.