Ordinary leases and fixed-term leases are characterized by the parties` intention to terminate their contract at the end of the lease period. In a fixed-term lease, the parties terminate the lease at the end of the lease period, but in the case of an ordinary lease, the taker may continue the lease after the lease period has expired. In the case of a formal lease, the taker enjoys greater protection, since the lessor cannot require the lessor to be obliged to evacuate the premises after the conclusion of the tenancy period, except in the case of a particular “justification”. These justifications are subject to rigorous interpretation by the Tribunal and are discussed in more detail in the next section on the security of the mandate. Responsibility for registration fees can be assumed in the lease. 1. Leases subject to the general provisions of the Belgian Civil Code also recognise a contract for the granting of the free use of premises (comodato). Under this type of contract, the use of an asset for specific purposes may be granted free of charge for a given period of time. Contracts like this are often used when a tenant has to do assembly and dismantling work on the site before the rental begins. The Commercial Leases Act, regional commercial lease rules and regional residential property rules contain certain mandatory provisions that parties cannot release, usually to protect the tenant, as well as certain optional provisions that parties may adopt upon request. With respect to office rents, annexes and the provision of space, repair and maintenance, the allocation of service charges and reasons for termination are generally regulated in great detail.
The Swedish Rent Act (hyreslagen) of 1970, which is included in Chapter 12 of the Swedish Basic Law (jordabalken), governs commercial and non-commercial leases. There are, however, some differences between the rules applicable to these two different leasing categories. Where legal provisions are in place, restrictions limit the contractual capacity of the parties. When introducing a new rental agreement, other costs are often included in the rental agreement outside the main rent, which must be taken into account from the point of view of VAT and the RCT. The decision on whether or not to assess a vat-financing contract for VAT purposes as a supply (purchase or otherwise) is currently determined on the basis of the criteria applicable to income tax for the actual beneficiaries (so-called leasing agreements). A major review of the treatment of VAT finance leases is currently under way. In a draft circular of 3.12.2019, the Federal Ministry of Finance (BMF) presented plans to introduce new ECJ jurisprudence into the VAT application regulation (VAT Decree, UStAE) and, therefore, the abandonment of income tax criteria. The question of how to deal with existing agreements is important in this regard, as is the management of the discrepancies that could occur in the future between income tax and VAT. Industrial leases have a minimum duration of six years and are exclusively for professional activities (excluding commercial, artisanal, industrial and agricultural activities). The tenancy agreement can be terminated by the tenant at any time with six months` notice. As far as business rentals are concerned, there are additional rules that are set by the local authorities.
These provide for additional obligations of the contracting parties that are included in the leases. The case concerns the VAT treatment of specific leases, called agility agreements. Under these agreements, the lessor can use a vehicle for a certain period of time by paying monthly payments. The tenant has the option of acquiring ownership of the vehicle at the end of the rental period by paying a relatively large last tranche (the “balloon payment”). If the user decides to buy the car before