What are the main legal risks of Internet finance regarding financial leasing

(1) As far as the author's experience is concerned, most of the asset ends of the cooperation between the Internet finance companies and financial leasing companies in the market belong to the affiliation or indirect control relationship, which is disguised as self-financing or possession of capital pools in disguise, and it is inevitable to have the suspicion of "financing for oneself or disguised as oneself" or "accepting and pooling the lender's funds directly or indirectly". Inevitably, there is a suspicion of "financing for itself or in disguise for itself" or "directly or indirectly accepting or pooling lender's funds". However, based on the business perspective of the Internet finance company, cooperation with the financial leasing company that has a relationship with the underlying assets can strengthen the wind control and reduce the cost of cooperation (even if there is really no relationship, individual Internet finance companies have to create conditions for indirect control). Of course, as far as the determination of legal relationship is concerned, there are certain differences between the company law, the penetrating review of the new regulations on Internet lending, and the substantive judgment of criminal law on criminal behavior, and the marginal space here should be prudently regulated.

(2) part of the financial leasing company to "fictitious leases, the subject of non-compliance with the provisions of the law for the lease, not actually obtain the lease or the lease contract value and the actual obvious inconsistency, in the name of financial leasing actually engaged in capital financing business behavior", and the Internet finance company to cooperate, engaged in illegal lending behavior .

(3) Some financial leasing companies are suspected of "carrying out asset securitization business" through internet financial platform, splitting and transferring the claims or leased property income right to investors and undertaking repurchase or guarantee obligations, or through factoring channel or capital management channel. Part of the financial leasing company through the transfer of funds into a new leasing project, and then again use the online investors' funds in exchange for rental claims and circular operation, is suspected of illegal absorption of public deposits of criminal legal risks.

(4) The lease term of the leased object is longer, the term of financial leasing is generally one year to three years, and in order to cooperate with the Internet financial platform to raise funds, some of the subject matter is suspected of the term splitting problem. Individual subject matter of the lease amount is higher, with the new regulations of the Internet loan limit problem has some conflict. The separation of claims and mortgages is also the norm.

(5) Tax issues. The interest income of the financial leasing company on the customer's receivable claims is subject to value-added tax, but when the financial leasing company cooperates with the Internet financial platform to finance, the investor can not issue invoices, so that there is no tax deduction, which will push up the cost of financial leasing financing. The main concept of China's Internet lending investors is vague, at the judicial level is the lender, at the financial level is the investor, at the regulatory level is the financial consumer, the Internet lending investors how to pay taxes on investment income gains is also an urgent problem.