Are Nearby Stores Complementary?
Next review whether the retail space you are considering is complementary to nearby retail establishments. For example, it would not be appropriate to put a liquor store adjacent to a school for troubled children. However, a dry cleaners, nail salon, office supply store and dollar store might all fit well in their neighborhood shopping center anchored by a major grocery chain.
Complementary Stores
Grocery stores, drugstores and gas stations tend to be complementary. In some cases, they are all provided by one retailer. For example, many of the Sam's Club or super Wal-Mart's have groceries, a drugstore and sell gasoline. In addition, there has been a growing trend for grocery stores to sell gasoline as a loss leader. Their objective is not to make money selling gasoline. Their objective is to increase the number of trips customers make to the store to buy groceries.
Category Killers
In some cases, "category killers" cluster in a power center. (A category killer is a retailer who stocks every conceivable item relative to a category. Office Depot is a category killer for office supplies. Petco is a category killer for pet supplies.) Having four to six category killers in one cluster is referred to as a power center.
More on Category Killers
The stores are not linked in a physical sense, other than being part of the same planned development. In other words, they were likely developed at the same time on one large tract of land, but there is no enclosed pathway between the stores. Other examples of category killers are Home Depot, Circuit City, Best Buy, Linens N Things and Bed Bath and Beyond.
Example of Complementary Uses
Another example of complementary use retail uses would be to put a beauty products store, hair salon, tanning salon, nail salon and spa contiguous with each other in the same retail center. Customers interested in one of these businesses may well be interested in at least one of the others.
Avoid a Deal Killer
Complementary uses can be a meaningful enhancement of a location. However, uses which are clearly inconsistent with your proposed location may be a deal killer.
Construction
When retail space meets the minimally acceptable standard for the previously discussed criteria, it is time to review the costs to prepare the retail space for your business. In broad terms, the costs include signage and the cost of renovating or redoing the improvements within your space.
Tenant Improvements
At this point, you need to know the landlord's policy regarding tenant improvements. (Tenant improvements are worked performed to make space suitable for a business. It can include adding restrooms, demolishing and adding walls, floor coverings, window coverings, signage and virtually anything else related to physically preparing the retail space for your business.
Will the Landlord Pay?
The landlord is usually willing to fund tenant improvement expenditures provided he is confident the tenant has the financial capacity to pay rent for the term of the lease. If you're representing a national retailer with a strong balance sheet, landlords will practically spend as much money as you request on tenant improvements. Of course, the cost of the tenant improvements will be built into the rental rate.
It's Up to You
If you're a start-up business with no track record and little capital, landlords will be cautious about expenditures for tenant improvements. They will likely want you to fund tenant improvements for your space. The benefit is your rental rate will be lower. However, you'll have to include the cost of preparing your space for occupancy in your initial capitalization.
TI Details
Other issues related to tenant improvements include defining the work to be done, and who has financial responsibility for performing the work. If you're a national retailer, you might provide a landlord with a detailed set of plans for your space. It is then up to him to cost effectively provide the buildout you are requiring. If you're a smaller retailer, the landlord may provide a tenant improvement allowance, and require you to interface with contractors to have the work performed.
How Much TI?
The cost of tenant improvements occasionally exceeds 0 per square foot for second-generation retail. It is generally much lower. Even if the landlord is willing to provide substantial funds for tenant improvements, be cautious about the scope of work for tenant improvements. The landlord's expenditure for tenant improvements is essentially a loan which will be repaid with your rent during the term of the lease.
Who pays for ADA?
If the space requires tenant improvements which require obtaining a building permit from the city, review whether you'll have to replace the restroom because of ADA. (ADA is the Americans with Disabilities Act). In most cases, changes to provide ADA compliance are not necessary if you not require a building permit. However, a consequence of obtaining a building permit is typically that the space must be revised to completely comply with ADA. Replacing the bathroom so it is ADA compliant can be expensive.
The Market Research and Consulting division of O'Connor & Associates provides information necessary to make decision to commercial real estate professionals. Occupancy and Rental Data, ownership and management information are routinely gathered for four major land uses multifamily, office, retail and industrial. This information allows investors to compare competitive properties, facilitate business decisions and track market and submarket performance. In addition the data is useful to brokers who for example continually monitor Houston retail space leasing, Houston office space leasing, Houston industrial space leasing, Houston apartments, Dallas apartments, Ft. Worth apartments, Austin apartments, and San Antonio apartments.
Showing posts with label Leasing. Show all posts
Showing posts with label Leasing. Show all posts
Sunday, October 7, 2012
Saturday, September 22, 2012
Essential Information For Equipment Leasing And Finance
Are you planning for to get equipment finance for your business?This article presents essential information for businesses that plan to apply for equipment lease financing. Read carefully, follow the details given below and avoid unnecessary complications.
Equipment Leasing is opposed to straight financing. It is an alternative financing method to acquire needed business equipment. In real essence, you only pay for the depreciation of the equipment over a given time frame. At the end of the lease you either purchase the depreciated asset or trade it for a new lease and new equipment. It allows a company to hold on to valuable cash capital and use the profits the equipment generates to pay for itself over time with added tax advantages.
What is a typical business mind-set? It will always say that equipment leasing is for companies that are short of capital. However, research would indicate that even the largest of companies use leasing finance to guarantee fixed costs and access essential equipment. Along with this you also get either corporate or personal guarantees. A corporate guarantee means that if the lease goes into default, the leasing company can take possession of the equipment and liquidate it to settle the lease balance. A personal guarantee is identical to a corporate guarantee except a person's property may be used to satisfy the lease balance.
With regard to leasing payments and purchase, the monthly payments are lower. At the end of the lease term, a single payment is due that equals several months of combined payments. On the other hand, a lease purchase is financing the equipment by any other name. It allows the business to deduct the lease payments from taxes as a business expense. Also equipment depreciation can be used as a tax deduction.
In many cases it may possible to lease any type of equipment without the need for a deposit or extra security. Few of the benefits that you will be enjoying with equipment finance is that no funding is required, payment terms will be flexible and transaction speed is great,most popular being is cost.
Equipment Leasing is opposed to straight financing. It is an alternative financing method to acquire needed business equipment. In real essence, you only pay for the depreciation of the equipment over a given time frame. At the end of the lease you either purchase the depreciated asset or trade it for a new lease and new equipment. It allows a company to hold on to valuable cash capital and use the profits the equipment generates to pay for itself over time with added tax advantages.
What is a typical business mind-set? It will always say that equipment leasing is for companies that are short of capital. However, research would indicate that even the largest of companies use leasing finance to guarantee fixed costs and access essential equipment. Along with this you also get either corporate or personal guarantees. A corporate guarantee means that if the lease goes into default, the leasing company can take possession of the equipment and liquidate it to settle the lease balance. A personal guarantee is identical to a corporate guarantee except a person's property may be used to satisfy the lease balance.
With regard to leasing payments and purchase, the monthly payments are lower. At the end of the lease term, a single payment is due that equals several months of combined payments. On the other hand, a lease purchase is financing the equipment by any other name. It allows the business to deduct the lease payments from taxes as a business expense. Also equipment depreciation can be used as a tax deduction.
In many cases it may possible to lease any type of equipment without the need for a deposit or extra security. Few of the benefits that you will be enjoying with equipment finance is that no funding is required, payment terms will be flexible and transaction speed is great,most popular being is cost.
Thursday, September 20, 2012
Service Tax On Equipment Leasing And Hire-purchase
Surender Kumar Jain
This article makes a comprehensive analysis of the decision of the High Court in Kerala Non-banking Finance Companies Welfare Association v. Union of India [2009] 20 STT 1, wherein a recent issue as to : whether charging of service tax on banking and other financial services which include equipment leasing and hire-purchase, is unconstitutional, has been considered.
1-Vide section 137 of the Finance Act, 2001 service tax is introduced on Banking and other financial services' which include equipment leasing and hire-purchase'. The impugned provisions providing for service tax on Equipment leasing and hire-purchase transactions' are introduced by amending the Finance Act, 1994. The relevant definition of Banking and other financial services' is contained in clause (12) of section 65 of the Finance Act, 1994. Along with the introduction of the definition of Banking and other financial services', the charging section, namely, section 66 of the Finance Act, 1994 is also amended to cover tax on value of taxable services referred to in sub-clause (zm) of section 65(105). The question as to whether charging of service tax on Banking and other financial services', which include equipment leasing and hire-purchase, is unconstitutional, arose for consideration of the Kerala High Court in the case of Kerala Non-Banking Finance Companies Welfare Association v. Union of India [2009] 20 STT 1.
2 - The petitioner No. 1, an association of non-banking financial companies, which was covered under the definition of Banking and other financial services', and its two members, viz., petitioner Nos. 2 and 3 had filed a writ petition challenging the constitutional validity of the impugned provisions of section 137.
3 - These are discussed as under :
(a)- The Parliament has no authority to legislate on hire-purchase and leasing transactions which are subjects left for levy of sales tax by the States under entry 54 of List II of the Seventh Schedule to the Constitution of India.
(b)- After the 46th Amendment to the Constitution introducing clauses (29A)(c) and (d) to article 366, States are authorised to provide for sales tax among other things on hire-purchase and leasing transactions.
(c)- As a follow-up measure, all the States including the State of Kerala introduced provisions in the respective Sales Tax Acts authorising levy of sales tax on hire-purchase and leasing transactions.
(d)- Impugned provisions for levy of service tax on hire-purchase and leasing transactions are discriminatory and violative of articles 14 and 19(1)(g) of the Constitution.
4 - These are as follows :
(a)- Even though service tax is payable on the value of taxable service pertaining to leasing and hire-purchase transactions, the Government of India had vide Notification No. 4/2006-ST, dated March 1, 2006 granted exemption on 90 per cent representing interest income earned by the service provider.
(b)- The Supreme Court had upheld the legislative competence of the Parliament to levy service tax under the residuary entry 97 to List I of the Seventh Schedule in the decisions in Tamil Nadu Kalyana Mandapam Association v. Union of India [2006] 4 STT 308, C.K. Jidheesh v. Union of India [2005] 2 STT 242 and Gujarat Ambuja Cements Ltd. v. Union of India [2005] 1 STT 41 and thereafter, through constitutional amendments entry 92C to List I of the Seventh Schedule and article 268A are introduced expressly giving authority to the Parliament to legislate on service tax.
(c)- The validity of legislation and the grievances of the petitioners should be considered with reference to the aforesaid Notification No. 4/2006-ST, dated March 1, 2006, by which rigour of the levy was neutralized by granting exemption on 90 per cent of the charges received in the hire-purchase and leasing transactions, thereby completely excluding interest on loans from service tax.
5 - It is well-settled that the Constitution by virtue of the provisions contained in article 366(29A) authorises, levy of sales tax on hire-purchase transactions and on leasing of goods and based on the same there is State legislation authorising it.
6 - The legislation applies to all engaged in banking and other financial services and is not confined to members of the first petitioner. In fact, banking companies in the public Sector are also liable to pay service tax on financial leasing service including equipment leasing and hire-purchase . Since the petitioners had not established the parties engaged in the same business who were left out and how they were discriminated, the contention was to be rejected. Similarly provisions of service tax do not take away or create any unreasonable restriction on the fundamental rights of the members of the first petitioner including petitioner Nos. 2 and 3 to carry on business. Therefore, the allegation of violation of article 19(1)(g) also, did not merit consideration.
7 -There is no conflict between the levy of sales tax on the sale or deemed sale of vehicle under the hire-purchase agreement and the service tax payable on services rendered by the financier under the hire-purchase agreement. The provisions contained in article 366(29A) of the Constitution authorising levy of sales tax on the supply of goods under the hire-purchase agreement does not stand in the way of the Parliament levying service tax on taxable service charges received in respect of hire-purchase transactions by the financiers.
It is obvious that levy of sales tax is possible on sale of goods involved in the transactions while service tax can be levied on the service charges received in the transactions. Further, the provisions pertaining to levy of service tax on hire-purchase or lease transactions are not in any way different from the service tax authorised for the large number of transactions under the Finance Act, 1994, the constitutional validity of which is upheld by the Supreme Court. Since incidence of service tax is not on sale of goods or deemed sale of goods pertaining to leasing and hire-purchase transactions covered by clauses (c) and (d) of article 366(29A), the Parliament has authority to authorise levy of service tax on banking and other financial services including equipment leasing and hire-purchase.
This article makes a comprehensive analysis of the decision of the High Court in Kerala Non-banking Finance Companies Welfare Association v. Union of India [2009] 20 STT 1, wherein a recent issue as to : whether charging of service tax on banking and other financial services which include equipment leasing and hire-purchase, is unconstitutional, has been considered.
1-Vide section 137 of the Finance Act, 2001 service tax is introduced on Banking and other financial services' which include equipment leasing and hire-purchase'. The impugned provisions providing for service tax on Equipment leasing and hire-purchase transactions' are introduced by amending the Finance Act, 1994. The relevant definition of Banking and other financial services' is contained in clause (12) of section 65 of the Finance Act, 1994. Along with the introduction of the definition of Banking and other financial services', the charging section, namely, section 66 of the Finance Act, 1994 is also amended to cover tax on value of taxable services referred to in sub-clause (zm) of section 65(105). The question as to whether charging of service tax on Banking and other financial services', which include equipment leasing and hire-purchase, is unconstitutional, arose for consideration of the Kerala High Court in the case of Kerala Non-Banking Finance Companies Welfare Association v. Union of India [2009] 20 STT 1.
2 - The petitioner No. 1, an association of non-banking financial companies, which was covered under the definition of Banking and other financial services', and its two members, viz., petitioner Nos. 2 and 3 had filed a writ petition challenging the constitutional validity of the impugned provisions of section 137.
3 - These are discussed as under :
(a)- The Parliament has no authority to legislate on hire-purchase and leasing transactions which are subjects left for levy of sales tax by the States under entry 54 of List II of the Seventh Schedule to the Constitution of India.
(b)- After the 46th Amendment to the Constitution introducing clauses (29A)(c) and (d) to article 366, States are authorised to provide for sales tax among other things on hire-purchase and leasing transactions.
(c)- As a follow-up measure, all the States including the State of Kerala introduced provisions in the respective Sales Tax Acts authorising levy of sales tax on hire-purchase and leasing transactions.
(d)- Impugned provisions for levy of service tax on hire-purchase and leasing transactions are discriminatory and violative of articles 14 and 19(1)(g) of the Constitution.
4 - These are as follows :
(a)- Even though service tax is payable on the value of taxable service pertaining to leasing and hire-purchase transactions, the Government of India had vide Notification No. 4/2006-ST, dated March 1, 2006 granted exemption on 90 per cent representing interest income earned by the service provider.
(b)- The Supreme Court had upheld the legislative competence of the Parliament to levy service tax under the residuary entry 97 to List I of the Seventh Schedule in the decisions in Tamil Nadu Kalyana Mandapam Association v. Union of India [2006] 4 STT 308, C.K. Jidheesh v. Union of India [2005] 2 STT 242 and Gujarat Ambuja Cements Ltd. v. Union of India [2005] 1 STT 41 and thereafter, through constitutional amendments entry 92C to List I of the Seventh Schedule and article 268A are introduced expressly giving authority to the Parliament to legislate on service tax.
(c)- The validity of legislation and the grievances of the petitioners should be considered with reference to the aforesaid Notification No. 4/2006-ST, dated March 1, 2006, by which rigour of the levy was neutralized by granting exemption on 90 per cent of the charges received in the hire-purchase and leasing transactions, thereby completely excluding interest on loans from service tax.
5 - It is well-settled that the Constitution by virtue of the provisions contained in article 366(29A) authorises, levy of sales tax on hire-purchase transactions and on leasing of goods and based on the same there is State legislation authorising it.
6 - The legislation applies to all engaged in banking and other financial services and is not confined to members of the first petitioner. In fact, banking companies in the public Sector are also liable to pay service tax on financial leasing service including equipment leasing and hire-purchase . Since the petitioners had not established the parties engaged in the same business who were left out and how they were discriminated, the contention was to be rejected. Similarly provisions of service tax do not take away or create any unreasonable restriction on the fundamental rights of the members of the first petitioner including petitioner Nos. 2 and 3 to carry on business. Therefore, the allegation of violation of article 19(1)(g) also, did not merit consideration.
7 -There is no conflict between the levy of sales tax on the sale or deemed sale of vehicle under the hire-purchase agreement and the service tax payable on services rendered by the financier under the hire-purchase agreement. The provisions contained in article 366(29A) of the Constitution authorising levy of sales tax on the supply of goods under the hire-purchase agreement does not stand in the way of the Parliament levying service tax on taxable service charges received in respect of hire-purchase transactions by the financiers.
It is obvious that levy of sales tax is possible on sale of goods involved in the transactions while service tax can be levied on the service charges received in the transactions. Further, the provisions pertaining to levy of service tax on hire-purchase or lease transactions are not in any way different from the service tax authorised for the large number of transactions under the Finance Act, 1994, the constitutional validity of which is upheld by the Supreme Court. Since incidence of service tax is not on sale of goods or deemed sale of goods pertaining to leasing and hire-purchase transactions covered by clauses (c) and (d) of article 366(29A), the Parliament has authority to authorise levy of service tax on banking and other financial services including equipment leasing and hire-purchase.
Sunday, August 19, 2012
Off Lease And Repo Commercial, Work Trucks And Construction Equipment For Public Sale With Dealer Leasing.
In today's present day's unbalanced economy, the start up and experienced business has a rare occasion to buy an advantageous deal for off lease and repossessed commercial, work trucks and construction equipment for auction with dealer banking. Due to a contracting market, many banks have extra inventories on their books that they want to put furnish on the street. These in-house inventories are non income producing, therefore putting strain on the bank to make a deal with the consumer. These deals can be originate in the cost, the leasing or a combination of both.
An off lease commercial vehicle and/or cementequipment has been brought back to the financial institution as the lease has termnated. The lessee has made a assessment to return the item in lieu of excercising the buyout opportunity. A repo has arisen due to a failure to pay of the lessee for non payment conditions or a breach of the provisions of the lease. Either way, the bank has taken these trucks and/or equipment back and it is necessary to put them back into working order and either retail these work, commerical trucks and construction equipment or re-lease them. The financial institution will either advertise their listing through their internal sales force or outside professionals such as brokers to reposition their inventories as fast asachievable. At times as these inventories either sit or whatever reason isn't moving, the financial institution could put these items up for sale.
For this commentary, the form of items we are going to make out as prospective deals for the patron is the following
Dump trucks, boom trucks trucks, grapple and landscape trucks, fuel and lube trucks, bucket and concrete trucks, over the road and day cabs, water trucks, tow trucks, box vans and straight trucks, dry van and drop deck trailers, conclusion and bottom dump trailers, flatbed trailers, backhoes, bulldozers, crawler tractors, forestry equipment, excavators, backhoes, and other type loaders.
A quantity of of the ways the startup and/or experienced business can obtain these deals are through trade publications, surfing internet search engines, contacting lease brokers for information and speaking to lenders directly.
A quantity of the financial institutions in the marketplace have advertised personal credit qualifications. as little as 550, former bankruptcy rules amended or overlooked and startups acceptable. In addition, the front means to commence the lease can commence as little as first payment to whatever you might able to reach a deal.
In ending, this is a buyers marketplace for commercial and work trucks, commercial trailers, and construction equipment. Check out all the opportunities in the marketplace and make sure that you have a stable income base to assume anything debt that you could occur.
Happy hunting for your commercial truck and construction equipment acquistion and its related financing.
An off lease commercial vehicle and/or cementequipment has been brought back to the financial institution as the lease has termnated. The lessee has made a assessment to return the item in lieu of excercising the buyout opportunity. A repo has arisen due to a failure to pay of the lessee for non payment conditions or a breach of the provisions of the lease. Either way, the bank has taken these trucks and/or equipment back and it is necessary to put them back into working order and either retail these work, commerical trucks and construction equipment or re-lease them. The financial institution will either advertise their listing through their internal sales force or outside professionals such as brokers to reposition their inventories as fast asachievable. At times as these inventories either sit or whatever reason isn't moving, the financial institution could put these items up for sale.
For this commentary, the form of items we are going to make out as prospective deals for the patron is the following
Dump trucks, boom trucks trucks, grapple and landscape trucks, fuel and lube trucks, bucket and concrete trucks, over the road and day cabs, water trucks, tow trucks, box vans and straight trucks, dry van and drop deck trailers, conclusion and bottom dump trailers, flatbed trailers, backhoes, bulldozers, crawler tractors, forestry equipment, excavators, backhoes, and other type loaders.
A quantity of of the ways the startup and/or experienced business can obtain these deals are through trade publications, surfing internet search engines, contacting lease brokers for information and speaking to lenders directly.
A quantity of the financial institutions in the marketplace have advertised personal credit qualifications. as little as 550, former bankruptcy rules amended or overlooked and startups acceptable. In addition, the front means to commence the lease can commence as little as first payment to whatever you might able to reach a deal.
In ending, this is a buyers marketplace for commercial and work trucks, commercial trailers, and construction equipment. Check out all the opportunities in the marketplace and make sure that you have a stable income base to assume anything debt that you could occur.
Happy hunting for your commercial truck and construction equipment acquistion and its related financing.
Saturday, May 26, 2012
Essential Information For Equipment Leasing And Finance
Are you planning for to get equipment finance for your business?This article presents essential information for businesses that plan to apply for equipment lease financing. Read carefully, follow the details given below and avoid unnecessary complications.
Equipment Leasing is opposed to straight financing. It is an alternative financing method to acquire needed business equipment. In real essence, you only pay for the depreciation of the equipment over a given time frame. At the end of the lease you either purchase the depreciated asset or trade it for a new lease and new equipment. It allows a company to hold on to valuable cash capital and use the profits the equipment generates to pay for itself over time with added tax advantages.
What is a typical business mind-set? It will always say that equipment leasing is for companies that are short of capital. However, research would indicate that even the largest of companies use leasing finance to guarantee fixed costs and access essential equipment. Along with this you also get either corporate or personal guarantees. A corporate guarantee means that if the lease goes into default, the leasing company can take possession of the equipment and liquidate it to settle the lease balance. A personal guarantee is identical to a corporate guarantee except a person's property may be used to satisfy the lease balance.
With regard to leasing payments and purchase, the monthly payments are lower. At the end of the lease term, a single payment is due that equals several months of combined payments. On the other hand, a lease purchase is financing the equipment by any other name. It allows the business to deduct the lease payments from taxes as a business expense. Also equipment depreciation can be used as a tax deduction.
In many cases it may possible to lease any type of equipment without the need for a deposit or extra security. Few of the benefits that you will be enjoying with equipment finance is that no funding is required, payment terms will be flexible and transaction speed is great,most popular being is cost.
Equipment Leasing is opposed to straight financing. It is an alternative financing method to acquire needed business equipment. In real essence, you only pay for the depreciation of the equipment over a given time frame. At the end of the lease you either purchase the depreciated asset or trade it for a new lease and new equipment. It allows a company to hold on to valuable cash capital and use the profits the equipment generates to pay for itself over time with added tax advantages.
What is a typical business mind-set? It will always say that equipment leasing is for companies that are short of capital. However, research would indicate that even the largest of companies use leasing finance to guarantee fixed costs and access essential equipment. Along with this you also get either corporate or personal guarantees. A corporate guarantee means that if the lease goes into default, the leasing company can take possession of the equipment and liquidate it to settle the lease balance. A personal guarantee is identical to a corporate guarantee except a person's property may be used to satisfy the lease balance.
With regard to leasing payments and purchase, the monthly payments are lower. At the end of the lease term, a single payment is due that equals several months of combined payments. On the other hand, a lease purchase is financing the equipment by any other name. It allows the business to deduct the lease payments from taxes as a business expense. Also equipment depreciation can be used as a tax deduction.
In many cases it may possible to lease any type of equipment without the need for a deposit or extra security. Few of the benefits that you will be enjoying with equipment finance is that no funding is required, payment terms will be flexible and transaction speed is great,most popular being is cost.
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