Relationship rent common among entrepreneurs.Landlord (having a "free" assets, such as land or real estate) for a fee, provides the property to use the other side - the tenant, and is from this income.The lessee (one who takes the property for rent) is able to use the property of others for profit.
The rent for the leased property can be set in a different form.
- Payments to a certain fixed amount introduced once or periodically.
- in kind (as a share of the produce, fruits and income from the sale).
- In the form of the provision of tenant pre-specified services.
- By improving tenant leased property (repairs, construction).
- transfer to the lessee as payment of certain property in the ownership or lease.
These methods can be combined or be different.The Civil Code (st.614), regulated leases, and indicated that the rent must be paid on time and in the manner and amounts that take into account the lease agreement.The most common way - making regular payments in cash.
In the case of lease rents several objects can be set separately for each object or for all property in general.The first method is preferable in the case of court decisions in disputes arising between the parties.
can sometimes pay under the arrangement be set variable depending on the monthly utility payments.But this method is not entirely consistent with the law, which states (st.614, p.3) that the contract clause, which establishes a solid amount of the fee or the mechanism for its calculation can not be changed during the year.Thus, to legally enter the variable rent, must be clearly defined mechanism for its calculation (eg, tied to the exchange rate).
lessee may demand a reduction in the size of the fee introduced in cases of significant deterioration in the terms or conditions of use of the leased property by circumstances beyond his control.Also, if the landlord violates the Provisions of the overhaul or at the conclusion of the contract are not warned about the rights of third parties.
If the tenant violates the terms of payment of fees, the other party may require the inclusion of early payment, but not more than two consecutive terms.
Farms often lease land and property (buildings, equipment) from individuals who have become owners of shares (property and land) in the reorganization of agriculture.The rent for the land, according to the presidential decree, can not be lower than the minimum.When renting land shares, this amounts to 1.5% of the value of the site.The fee for leased property shares should not be less than 1% of the property value.The latter may also consist of two parts - the prize owner of the property, depreciation and amortization.
rent calculation, introduced in kind, made at prices which must necessarily be agreed by the parties in the course of the contract.In the case of leases of land should be carried out indexation of its size adjusted to the inflation rate (unless otherwise specified in the contract).In the case of rental property such indexation is not mandatory.
rent is taxable.The costs of paying its part of the gross and taxable income.If payment is carried out in kind, it charged VAT.In the case of the lease of the property of a natural person, rental income included in the taxable personal income tax withheld from it.Tax agent in this case is an enterprise-tenant, and confers on it the obligation to withhold and remit to the budget of personal income tax on the rent as a form of income.
