Rent is the provision of property for use to a third party for a fee. It is the collection of money that is decisive in the difference between the concept of rent and other relationships between persons. At the same time, even in Russian legislation, there is a growing need to introduce the concept of “gratuitous rent”.
The very concept of lease presupposes the surrender of property for use on a reimbursable basis, otherwise it provides for punishment as a violation of Article 250 of the Tax Code and 606 of the Civil Code of Russia. However, such facts are found, as a rule, among communicating or interconnected organizations and are usually under the scrutiny of tax officials, as they often represent a tax evasion trick.
"Exchange" rent
The lease of equipment, a car, a certain area or other property, drawn up under an agreement that provides for the complete absence of payment, is made with the use of property, services or repair work aimed at improving the physical properties of this, for example, premises, as compensation for the use of the object. Interestingly, the minimum amount of rent is not legally stipulated, that is, theoretically it can be symbolic, but this does not give a full guarantee that the relevant authorities will close their eyes during the inspection and will not conduct a thorough investigation into this extraordinary fact.
Hiring
One of the most typical items of gratuitous rent today is the renting out of an apartment, which is not properly executed and is not declared as a source of income. Such resourcefulness of modern owners of additional square meters often gives them very sad results associated with the complete absence or presence of an unofficial, and therefore meaningless, agreement.
One fine day, unscrupulous apartment residents may refuse to pay the bills, cause serious damage to property, or simply disappear with all the contents of the apartment in an unknown direction. At the same time, the negligent landlord does not officially have any evidence base allowing to initiate a case on this fact, because for the tax authorities all this time the apartment was in the use of its direct owner.
So, if you decide to lease property free of charge, do not forget to document it using the form of a loan agreement, it provides for the absence of any compensation for the right to use the property, provided that this property is returned at the end of the term of use in its original state. This will save you as a taxpayer and owner from unpleasant consequences, both from the tax authorities and from the tenant.
