Post by account_disabled on Dec 24, 2023 0:30:40 GMT -6
Ait has of not occurring. . Third and last transfer of ownership must take place at the latest upon payment of the final instalment. An instalment can in my opinion be taken to mean any amount which the lessee is obliged to pay under the terms of the agreement. In leasing agreements with a purchase option the payment of the final instalment opens the opportunity to exercise that option. However if the sum total of the mandatory instalments corresponds to the full price of the leased asset and if exercising that option does not require any.
Further significant payments to be made it should be presumed Country Email List that allowing the exercise of this option is in practical terms equivalent to the transfer of ownership. It is precisely this assumption which underlies the interpretation that allows such agreements to come within the scope of Article b of Directive . . On the other hand where the option to purchase is a genuine choice for the lessee the payment of all mandatory instalments cannot be regarded as the event leading to a transfer of ownership as this event can only be the decision to exercise the option.
Therefore no agreement of this type meets the requirement that the transfer of ownership must take place at the latest upon payment of the final instalment. If the concept of the final instalment were to be interpreted as relating to the payment of the purchase price it would lead to the absurd conclusion that all agreements with an option to purchase the leased asset following the end of the lease would come within the scope of Article b of Directive and therefore constitute a supply of goods. . leasing agreements which do not contain clauses such as those indicated in point of.
Further significant payments to be made it should be presumed Country Email List that allowing the exercise of this option is in practical terms equivalent to the transfer of ownership. It is precisely this assumption which underlies the interpretation that allows such agreements to come within the scope of Article b of Directive . . On the other hand where the option to purchase is a genuine choice for the lessee the payment of all mandatory instalments cannot be regarded as the event leading to a transfer of ownership as this event can only be the decision to exercise the option.
Therefore no agreement of this type meets the requirement that the transfer of ownership must take place at the latest upon payment of the final instalment. If the concept of the final instalment were to be interpreted as relating to the payment of the purchase price it would lead to the absurd conclusion that all agreements with an option to purchase the leased asset following the end of the lease would come within the scope of Article b of Directive and therefore constitute a supply of goods. . leasing agreements which do not contain clauses such as those indicated in point of.