If the amount of depreciation is equal to or greater than the sum of monthly lease payments, the current lease payments during these periods is not repaid. After full repayment of the cost of the equipment in the tax accounting organization will recognize the monthly cost of leasing payments, but only part of the excess amount of lease over the initial cost of equipment in the tax account, previously fully included in the costs through depreciation. This follows from the norms of paragraph 5 of Article. 252 of the Tax RF: The amounts reflected as an expense of taxpayers, can not be re-included in the composition of its expenditure. In the month of payment of the last lease payment in the tax allowance will be recognized as expenses in the total amount of lease payments. It remains to formalize property rights on the basis of the purchase agreement.
And here again the question arises of the redemption price. After all expenses the lessor, including the cost of equipment, its other costs, and as the income of lessor reimbursed the lessee in the lease payments. It is appropriate to use a symbolic purchase price of 1 ruble (dollar, euro, etc.), For the formal registration of the purchase agreement and transfer of ownership of the leased asset to the lessee, since the content of the lease agreement, which includes elements of the purchase agreement, the parties executed the agreement (leased transferred to the lessee, payment obligations are satisfied). It must be emphasized that the size of the redemption price in this case does not really matter. It may be called in a certain range of positive value close to zero, to a value equal to the lessor's costs associated with the acquisition of the leased asset.
In the latter case, in contracts (additional agreements) and the act of checking the calculations indicate that a credit redemption price of the previously accepted payments in the lease payments. The basis for such set-off provided by the provisions of Articles 625 and 624 of the Civil Code. Article 625 requires the application of the Civil Code, lease agreements in respect of the financial lease agreement, while Article 624 establishes the right of parties to the lease (financial lease) upon redemption of the leased property to agree to offset the previously paid rent in the purchase price. Point of view of the possibility of such set-off letter from the Russian Finance Ministry confirmed on July 7, 2006 03-04-15/131. In conclusion, we note that if the buyout price is set at a rate greater than the costs of the lessor, relating to acquisition and transfer of the lessee of the leased property, for example, if the redemption price is set equal to the sum of all lease payments, the lessee will not be able to take into account in the current tax deductions Lease payments since fiscal authorities are considering paying the redemption price of the advance payments related to the acquisition of depreciable assets that are not recognized as current expenses for the purposes of profits tax. In this case, the cost of the lease agreement can be recognized only depreciation, whose size is determined by the initial value of the property, which is significantly lower than the full amount lease payments. We believe that the above are exhausted problems of taxation of leasing transactions associated with the use of category purchase price.