Is a warehouse lease a real estate lease? Financial leasing can do real estate

Currently on the market are more personal residential leasing but for office buildings and warehouse leasing is relatively rare, so the knowledge of many people in this area are in a window period, so I'm a few aspects of today's warehouse leasing knowledge to introduce you to which warehouse leasing belongs to real estate leasing? On the financial leasing can do real estate?

First, warehouse leasing belongs to real estate leasing

Real estate refers to the land, buildings and other fixed objects attached to the land, including material entities and their related interests, the right is not you, so it does not belong to your real estate, so the warehouse leasing does not belong to the real estate leasing, belonging to the warehousing services.

Which the current real estate leasing business tax, warehousing tax (camp to increase), judgment mainly depends on the contract, who manages the warehouse, leasing management by the lessee, warehousing management by the warehouse user, judgment can also look at the business qualification, warehousing needs to have logistics qualifications, real estate leasing does not need to qualify, only need to have the right to real estate or the right to use.

Second, financial leasing can do real estate

1, real estate in the land, can not be used in financial leasing; real estate in the ground fixation if it does not belong to the independent right object, for example, directly on the ground fixation of industrial equipment, industrial plants, medical buildings, premises, etc., can be used in financial leasing;

Real estate if it belongs to the ground fixation, real estate, because of the subject matter of the lease, the lease can be used in financial leasing. Real estate, due to the subject matter special, the subject matter of the industry is special, is the tax policy and general conventional financial leasing is a big difference, so it is not appropriate to use financial leasing.

2, the people's court shall, in accordance with the provisions of article 237 of the contract law, combined with the nature of the subject matter, the value, the composition of the rent as well as the contractual rights and obligations of the parties to the financial leasing legal relationship to make a determination." "Where the contract is called a financial lease contract but does not actually constitute a financial lease legal relationship, the people's court shall deal with it in accordance with the legal relationship it actually constitutes."

3, the judicial interpretation adjusted to regulate the effectiveness of the contract, no longer simply "either effective or ineffective" standard to examine the effectiveness of the issue, but to the elements of the legal relationship as a criterion for judging, according to the provisions of this provision, we can understand the effectiveness of the financial lease of immovable property.