Lawson-Guidigbe Tevi Atasse David

The taxation of leasing in Togo Lawson-Guidigbe Tevi Atasse David

The upstream acquisition of the leased movable asset by the lessor is a sine qua non of the leasing transaction. Notwithstanding the immediate leasing of the movable property under a leasing contract, the lessor nevertheless justifies a depreciation on this property arguing his right of ownership. Exceptionally, and only in the case of goods leased under a financial lease, the lessor is authorised not only to depreciate these goods over the duration of the lease provided for in the financial lease contract, but also to deduct from his taxable base the depreciation allowances recorded. However, the new requirements of SYSCOHADA and the substitution of the condition of control for that of the right of ownership in the general conditions of depreciation of an asset, have led the lessee to depreciate the leased asset as well, unless he reintegrates the depreciation allowances in his accounts. The asset is leased to the lessee in return for the payment of rent.