According to the approach adopted in 2000, the “leaseback” operation consisted of three different operations: the sale of real estate (subject to VAT) to the lessor company, the leasing of the asset and any redemption (configurable as a further supply of goods).
For the purposes of the VAT regime applicable to the sale and lease back transaction, in cases where from the examination of the individual contractual case it is possible to identify “symptomatic” elements of an effective transfer of the asset by the transferor/user to the leasing company, they can be considered valid the clarifications provided with circular no. 218 of 2000, according to which, due to the tax treatment applicable to the legal relationships deriving from the “sale and lease-back” contract, in principle, both the tax relating to the purchase of the asset by the leasing, and that relating to the rent paid by the user.
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