Sameta delivers top-notch advice to help lessors, lessees and banks that finance leasing operations resolve a wide range of issues: from the construction/import of leased assets (including customs duty and taxes) to final reconciliation of payments under lease agreements and the documentation of performance of contractual obligations (including tax accounting of lease operations).

The legal professionals at Sameta have many years experience assisting clients on complex projects. Our expertise includes drafting lease agreements and contracts for the supply of equipment (including sophisticated equipment with unique specifications), and we advise on all aspects of taxation, contractual relations involved in the sale/purchase of leased property, project finance and tax accounting, lease purchase arrangements, depreciation, insurance, and pledge, mortgage and encumbrance of leased property. Sameta also represents clients in court in lease-related matters.

The Sameta team also has extensive dispute resolution experience in the sphere of leasing. Our lawyers have handled numerous complex lease-related mandates, including the restructuring of lease debt and cases involving lease purchase contracts under which suppliers acquired leased property on behalf of major multinational and Russian companies.

Sametas services include:

  • Advising on Russian tax law and the application of international tax treaties in respect of banking and leasing operations
  • Advising on transfer pricing and compliance with the new tax rules on price formation, including tax due diligence of business operations (both intra-group and foreign trade transactions of lessors) and corporate tax planning
  • Tax due diligence in the framework of M&A and restructuring of business operations
  • Tax due diligence to prepare banks and leasing companies for field tax audits
  • Legal support of the return or set-off of excess tax paid and VAT refunds sought by banks and leasing companies
  • Legal services in support of the activities of banks and leasing companies, including the development and structuring of complex lease arrangements

Support of business operations, including:

  • Full legal support of contractual business operations
  • Advising on all aspects of banks and leasing companies activities
  • Supply agreements, lease agreements and other business contracts
  • Resolution of employment and business disputes, settlement in accordance with internal rules and regulations
  • Foreign economic transactions and currency regulation (currency control)
  • Customs payments and customs clearance
  • Insurance
  • Pledge, mortgage and other types of encumbrances
  • Litigation involving all types of lease arrangements
  • Advising on debt management, representation of banks and leasing companies in the mediation of disputes, development of debt regulation mechanisms

Support of financial operations, including:

  • Advising on the attraction of financing by banks and leasing companies
  • Advising on security for purposes of financing (collateral, etc.)
  • Advising on and supporting arrangement of non-recourse factoring, etc.