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.”

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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.

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.

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.

Today, many employees see mobility as a need they address with their employer. They have moved beyond relying solely on the private car to get around, instead using a mix of mobility solutions – private, public and mixed. Belgian companies are therefore increasingly looking for expert advice on the perfect mobility mix, adapted to their own professional needs and the needs of their staff. Arval’s mobility specialists show how mobility is evolving and how to handle it accordingly. This not only takes knowledge, but also guidance to support employers in this area.

Philippe Kahn, Mobility Solutions Expert, sums up Arval’s vision and mission: “Life is a journey made of journeys. This means that we at Arval are constantly asking ourselves how we can support and relieve small, medium-sized and large enterprises in all the mobility issues they face. Our DNA as a supporter is built on two key aspects that add value: personal and sustainable mobility*. From individual firms to large companies, Arval offers its corporate know-how and provides a one-stop-shop solution."

* Sustainable mobility: mobility with lower greenhouse gas emissions, which promotes electrification, soft mobility and/or public transport.

Sustainable mobility: a natural progression

Many companies are now fully focused on sustainable mobility or are evolving in this direction. This means not only opting for electric cars, but also looking at new mobility solutions with an open mind. Arval has a role to play in this: all customers are informed and guided in their pursuit of sustainable mobility. For many companies, new mobility solutions such as Arval Bike Lease, Arval Car Sharing and the future budget management tool are key to a balanced mobility strategy.

Added value: business and personal

Arval’s budget management tool provides companies with a comprehensive overview of all their employees’ used mobility solutions and the associated costs. This is just one aspect of the added value companies get. Mobility consulting is also an integral part of what Arval offers.

Kahn: "If a company of around 100 employees plans to move to the centre of Antwerp, we sit down with them to see what new mobility solutions they'll need and how much it will all cost. This way, we're truly part of the team and together we look at the effects of all possible mobility solutions on their future. This is customisation, where we put our expertise at the service of our customers."

This expertise often leads companies to take a step forward in their business management and to better support their staff."

Kahn continues: "The days of using an Excel file to keep track of pool car usage are over. Apps on phones or computers make everything easier and smoother. They keep track of the location of pool cars between the various branches and blur the line between pool and shared cars. For example, employees can use a car privately during the weekend – albeit for a fee – and for business travel during the week. Support for leasing an electric bicycle is also included. Arval relieves employers and gives them extra assets to support their employees in their private mobility too. Through their mobility offerings, companies can support their employees' daily lives, both in and out of the office.”

Arval Belgium SA/NV – Ikaroslaan 99, 1930 Zaventem – Brussels Register of Companies – VAT BE 0436.781.102, secondary insurance mediation, FSMA no. 047238 A. Subject to acceptance of your application.