Lease agreements: Tips, questions, and experiences
in Banking, Insurance & Loans ·
John Richardson4 said:Wells Fargo buys a house from Horvatinčić, signs a lease agreement with you, you pay a 20% deposit, settle your monthly installments over 20 years, and at the end of that term, the remaining value equals that initial 20% you already put in, allowing you to finally take ownership.
My theory on this follows a slightly different logic...
The leasing company acquires the property from Horvatinčić, claims the sales tax as an input credit, and since residential rent isn't subject to sales tax, they gain a significant advantage.
In this scenario, the tax savings would be roughly $180-$200 per sq ft * 2,000 sq ft (for a smaller home) = $40,000.
That $40,000 essentially works for them, generating interest and compounding over time. Then, twenty years down the line, they execute the sale agreement with you, which is when the tax liability actually kicks in. One has to wonder what $40,000 will actually be worth in two decades.
That is how I see the situation playing out.
It seems the entire scheme hinges on the sales tax, which is a substantial amount of money.
If there were a pre-arranged buyout clause for the apartment, the IRS would be fully within its rights to classify that contract as a loan repayment rather than an operating lease. Under American law, courts look at the actual substance of a contract, not just the title on the front page.
And if the buyout isn't explicitly agreed upon upfront? Well, I doubt anyone would ever agree to such terms.