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Rent to buy may be used also for selling businesses

  • 27/02/2017

A rent to buy contract allows the renter to make immediate use of a good, even if the transfer of property of that good is postponed.

This scheme is widely used for the purchase of a first house, as provided for by article 23 of Decree Law no. 133 of 12th September 2014. Nonetheless, in an important research published on 23rd February, the Italian Notarial Foundation has highlighted that it may be used also for contracts which concern the transfer of ownership of a business.

This would allow the potential buyer to make immediate use of the enterprise assets. At the beginning, those assets would be rented and a monthly sum would be paid (“rent” phase); then, the renter would become the owner of those goods (“buy” phase), by paying the previously agreed amount of money, minus all or part of the rental payments.

This operation has several interesting aspects: the allocation of part of the rental payments as a down payment; the possibility of managing the business and so earning money for the final purchase; the postponement of all costs and taxes.

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