LEASE BUY-OUT
Dealers are sometimes approached by consumers who want to exercise a lease-end purchase
option or an early buy-out of a vehicle being leased from a leasing company. Usually
the customer wants to buy another car and wants to use the leased vehicle as a trade-in
to reduce the taxes.
When a consumer exercises the buy-out
When a consumer exercises the buy-out under the lease, the buy-out is set by the
lease contract, and HST are payable on the buy-out amount.
Dealer Asked to Exercise the Buy-out Directly from the Lessor
Sometimes the consumer will ask the dealer to exercise the buy-out from the lessor
directly, to avoid paying the tax.
This is not a solution. Even if the dealer pays the buy-out, they are doing it on
behalf of the lessee, and the lessor is responsible for collecting and remitting
the taxes that would have been payable if the consumer were purchasing the vehicle
directly from the lessor.
UCDA Recommendation
The simpler way to do it is to have the lessee pay their own buy-out, including
applicable taxes and have the vehicle registered into the consumer’s name. They
can then use the vehicle as a trade-in to reduce the taxes payable on their purchase
from the dealer.