The
rules are based on the concept that, from an economic-business
point of view, the lessee is the owner of the leased
asset. The rights of use that the lessee is entitled
to have entered on a lease, in accordance with Royal Decree
n°55 or a similar contract, are to be carried in the
“fixed assets” of the lessee's balance sheet
for the amounts of capital comprised in the rentals (paid
during term of contract).
The
lessee depreciates the lease asset in conformity with existing
rules for similar assets he owns, meaning that the depreciation
term can be different from the lease term.
A Royal Decree of December 3, 1993 again modified the accounting
definition of leasing.
As far as movable property leasing is concerned, it states
that the option is no longer obligatory and that the
invested capital must be reconstituted 100% taking
into account the possible option on condition that the latter
is not higher than 15% of the investment.
In real estate leasing the option is no longer required,
nor the conditions of rightful transfer of ownership of
the building at the end of the contract. The capital
invested in the building by the lessor must also be reconstituted
100%.