On February 16, 2024, the law firm “Nadmitov, Ivanov and Partners” hosted a business breakfast on the topic of “New Risks for Leasing Companies Arising from Emerging Arbitration Practice”, during which there was a discussion of judicial practice and the problems that lessors themselves embed in the contract, as well as current tax issues in leasing.
The speaker for the first part was Stanislav Kovynev, a partner and head of the leasing legal support practice. With experience in the leasing field since 1999, he illuminated the following issues: a review of the practice of courts declaring leasing contract terms invalid that worsen the lessee’s position; developing recommendations for forming a legal stance that refutes the court’s conclusions about the invalidity of contract terms; and devising recommendations for making contract amendments that reduce the risk of contract provisions being declared invalid and minimize the negative consequences of such recognition.
The speaker for the second part was Lyudmila Merkulova, a partner in tax practice. Lyudmila discussed the main changes in leasing taxation for 2023-2024 (accounting for the leasing object, income and expenses, write-off of costs, property tax). She highlighted the main rules for profit tax in leasing and the specifics in 2024. She spoke about the risks associated with reverse leasing and buyouts in favor of third parties, about return leasing without a business purpose, and other current issues and examples of judicial practice.
The law firm “Nadmitov, Ivanov and Partners” advises clients on leasing matters and also provides services in the tax sphere.