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Law No. 4444 Date of Admission: 11/08/1999
INCOME TAX LAW REGARDING CHANGES
Article 1 Income Tax Law No. 193 dated 31.12.1960 of the first paragraph of Article 86 (1) of subsection (a) is amended as follows: subparagraph (b) of sub-clause is repealed. a) subject to withholding tax wages,
Article 2 dated 31/12/1960 and numbered 193 Income Tax Act of repeated situated in article 120 of "quarterly" phrases "six months", "the three-month" to "six months", as amended, and article after the first paragraph The following paragraph has been added to. Cabinet provisional tax period of three months downloading, the temporary tax declaration and quarterly periods of the second month following the payment is authorized to determine the fifteenth day of the dinner.
Article 3 of Law No. 193 has been added to the following temporary items. Provisional Article 55- 1/1/1999 - 31/12/2002 between obtained and which have been subject to withholding tax Income Tax Law Article 75 of 7, 12 and 14 in paragraphs paid to the participation in securities investment funds with written securities, capital gains KAMAZ given annual returns for r shares. These income tax return for the case of other income not included in the declaration. This income is included in the commercial business is outside the scope of this article.
Provisional Article 56- 1999 - the taxation of income 2002 Income Tax Law No. 193 of 1, 2, 80, 81, 82, 46 and the following provisions shall apply instead of Provisional Article 47 of the Interim.
A) natural persons income (Income Tax) what is needed. Income is a real person gains earned in a calendar year and the gross amount of the annuity.
B) Income entering income and earnings is as follows: 1. commercial gains,
2. The Agricultural profits,
4. Self-employment earnings,
5. Real estate capital gains,
6. Movable capital annuities,
7. Other income and earnings.
Unless otherwise provided in this Act, it is taken into account in determining the actual amount of revenue and net income and earnings above written.
Other income and gains
C) Other income and gains that are written below are included in the taxable income according to the provisions of this article:
1. Revaluation gains,
2. incidental gains.
D) Gains from the disposal of assets and rights written below are the earnings increase in value. 1. Except as acquired gratuitously; within three months from the date of acquisition of the shares before the acquisition or disposal provided the earnings and other securities (excluding participation certificates of securities investment funds) Gains from disposals,
2. Article 70 of the law written in subparagraph 5 of paragraph (ihtira excluding charter) Gains from disposals,
3. author of copyrights and patents, inventors and gains arising from the disposal of these people by remaining outside legal heirs,
4. Gains from the disposal of an ownership interest or shares
5. Gains from discontinued operations of a business or partially removed completely overhauled,
6. Whatever the shape of the acquisition (excluding those acquired gratuitously) 70 Article 1 of the first paragraph, 2, 4 and 7 in paragraphs written goods (including real procedure Real estate used by the taxable farmers in agricultural production), and the rights for four years from the date of acquisition gains from disposals of (cooperative of partners in these adjectives Real estate they bought allocation is therefore considered as the date of allocation by partners). the revaluation gain arising from the disposal of the abovementioned property and the rights of more than 3.5 billion pounds each portion is subject to tax.
This paragraph in the "disposal" shall mean the sale of software assets and rights above, a G- For money in absolute assignment, to barter, exchange, expropriation, nationalization, it refers to as capital to trading companies. Annual ongoing commercial business partially or fully sold or commercial enterprises including gains from the alienation of written law in the paragraph above, the economic assets subject to amortization considered for commercial gain and apply the provisions of their commercial gain. Revaluation gains will not be taxed
E) increase in value income is calculated and taxed in writing the following cases:
1. In case of death of the owner of an individual business, including the business by continued when and heirs activities of the company by the legal heirs of the carrying value of economic assets (if kept notebooks in the balance sheet as a whole the balance sheet of assets and liabilities) just taking over,
2. Gain the balance sheet on the basis of the individual enterprise detected the balance sheet of the assets and transferred the case all the passive capital company, the transferee company passed the same balance sheet and transferred to individual owners or companies of business owners, the speed to take the partnership share calculated on equity amounts according to the balance sheet (representing the shareholding it is essential to have registered shares of our stock.) 3. collective and limited partnership of its transformation into a capital company by changing the kind accordance with the terms second subparagraph of this paragraph (shape-shifting into the transformation into a joint stock company by changing the shape of the collective and limited partnership collective and common limited showing the shareholding companies of shares in joint-stock company shareholders must be registered.). Gross value increase
F) the net gain on revaluation, is provided with the received money and cleaves money to dispose of and the amount of any interest which may be represented by money, found by downloading disposed of property and rights held thus dispose of the cost and the seller's expense remaining vested and paid taxes and fees . the amount provided as part of the month of Revenue and Tax Code of benefits shall be determined in accordance with the provisions related to the valuation and determination.
Instead of cost fails to be determined by the cost of the taxpayers; Tax Law will be determined according to the price appreciation commissions, while operating earnings or balance sheet account based on business value determined according to the principles will be shown in the last balance sheet or inventory records.
Businesses included in the case of disposal of depreciable economic assets, rather than cost of economic value, are based on the net value remaining after deducting depreciation.
The disposal of securities if the acquisition cost can not be substantiated, fair value at the acquisition date is regarded as the acquisition cost. In case of multiple securities traded in the same year, their earnings are calculated together. Purchases damages arising from any of the sales will be deducted from the profit of the other. Nonresident (including institutions), by obtaining permission from the relevant authorities according to the foreign investment legislation to Turkey in itself bring their cash or in-kind capital provision and acquired their securities with the participation of nature appreciation gains from disposal of share accounts, exchange rate does not take into account gains aware. However, such taxpayers exclusively of income derived in Turkey these securities or equity investments and the consequently income from movable property derived nature and increase in value from the disposition of such securities or shares are required to be composed of the gain. These taxpayers, if they deal with continuous trading of securities in Turkey, the foreign exchange gains aware taken into consideration in the calculation of commercial gain. Setup account of the gains aware, securities or allocated to the acquisition of equity investments of foreign capital, which is calculated according to the exchange buying these securities or Central Bank at the date of acquisition of the shares of Turkish Lira money with the same amount of foreign capital at the date of disposal of these assets or shares of the Central Bank foreign exchange get used to the difference between the Turkish Lira equivalent calculated at the rate taken into account.
the acquisition cost of the disposal of assets and rights to obtain property and rights issued is determined by increasing the rate of increase in the wholesale price index determined by the State Institute of Statistics except for the month of disposal.
In case of disposal of securities gains, total revenues during the year, applying the discount rate specified in Article 76 of this Law can be calculated by deducting the portion to be found by. In this case the acquisition cost is not indexed.
In calculating value increase profits; 1998 Real short tax return if the disposal of property acquired before the expiry of the deadline for submission of declarations of them cost as a general statement during 1998 were real estate k tax value shall prevail. 1/1/1999 and securities acquired prior to the date of the shares traded on the stock market if disposed of after that date as their cost, the average price of the exchange on the last trading day of 1998; On disposal of marketable securities investment fund participation certificates acquired prior to the date 1/1/1999 be based on the value on the last day of 1998.
This article indexed amounts are acceptable cost, according to the cost of the acquisition date and are accepted; In 1998, the real estate property tax returns not short end of the period, the stock re-indexing for the period until the end of 1998 will be made. Occasional earnings
G) taxable fringe benefits, are as follows:
1. the execution of commercial transactions as incidental or gains derived from the treatment of this nature intercede,
2. A suspension of commercial or agricultural activities or abandonment of the self-employed business activities, has not yet begun is not undertaken any such activity, tender, obtained in exchange for participating in the increase and decrease revenue,
3. goodwill with the compensation received in exchange for the evacuation of the transfer of immovable property or tenancy rights (renting of equipment and goods during the evacuation and transfer of the tenant or tenants including gains from the new era)
4. Do as occasional self-employment activities therefore charged to revenue,
5. actual method taxable in relation to the jobs they left the taxpayer subsequently gains they have achieved (with uncollectible receivables written harm, including the collection of doubtful receivables allocated), 6 narrow the subject to liability profits gained from making the occasional written works in Article 45.
Written above earnings from the written numbers 1-4 in paragraphs (not started yet in commercial, procurement and not undertaken at all the agricultural or professional activity, increase excluding the gain obtained in exchange for not participating in auction) 3.5 billion pounds of excess portion is taxable in all of the others.
In this paragraph, the revenue statement, obtained through other means with the money received and cleaves and represents the interests can be represented by money.
Gross amount of fringe benefits shall be determined as follows:
1. The first subparagraph of this paragraph written works from the sales price, cost of sales and thus the costs are lowered,
2. This paragraph 2, 3, 4 and 5 made me expenditure is approved on condition that the proceeds obtained in the written work is downloaded,
3. In the written works in paragraph number 6 of this paragraph, Article 45 shall apply.
H) any tax audits and assessments including which side they move from the transaction and statement of values within the scope of the provisional Article 47 of this Act (including 7 subparagraph of the second paragraph of Article 30 of the Tax Act) is prohibited.
Provisional Article 57. 1999-2002 revenues (excluding fees) taxation of the tariff in this Law, Article 103 bis 123 third tax rate corresponding to the income bracket determined by the material is applied with an increase of five percentage points. In the implementation of the provisions of Article 120 bis of this law are not considered.
ARTICLE 4. No. 193 dated 31/12/1960 Income Tax Law of the first paragraph of Article 18 is amended as follows. Author, translator, sculptor, calligrapher, painter, composer r, computer programmers and inventors and their legal heirs poems, stories, novels, articles, scientific research and studies, computer software, interviews, cartoons, photographs, film, video tape, radio and television scripts and newspaper works, such as games, magazine, computer and internet, radio, to broadcast television and videos or books, CDs, floppy disks, paintings, sculptures and sell their patents with the works in the form of notes or overthrow the existing rights on them and to assign or hire they are exempted from the proceeds obtained by the Income Tax. SECTION
CORPORATE TAX LAW CHANGES REGARDING
5422 dated 03.06.1949 and numbered Article 5 of the Law on Corporate Income Tax in the second paragraph of Article 25 "... 25% over the quarterly earnings ..." to "... 20% ..." the following provisions are added to the end of the second paragraph and as modified. Council of Ministers in this article written tax rate increase of five percentage points up or down, or has the authority to bring back to the legal level.
ARTICLE 6. The following provisional article has been added to Law No. 5422. Provisional Article 28- a) 1/1 / 1999-31 / 12/2002 in order to apply fully the obligations subject institutions participating shares or the sale of property arising from earnings, added part of the sale of capital institutions a year in which the organization is exempt from tax. So far, the case of credit sales, the sale was the second fiscal year following the account the amount of income that are collected until the end of the period is reduced from about year corporate earnings. This provision shall not apply to the collection will be made after this date. The first made the collection of participation shares or property is related to the cost acceptable. These provisions, institutions, production facilities and all of the properties related to this facility or part of a foreign subsidiary of a capital company or to be established to be established to make qualifying capital investment also applies if put into a joint stock company with capital in kind. In this case, a minimum of five million US dollars of investment to be made and the full liability company to be established or equivalent foreign money is essential that the Turkish lira. These requirements in addition must be documented to have been foreign to Turkey in accordance with one million US dollars or equivalent foreign currency for the Turkish Lira and not less than 20% and foreign exchange regulations of the foreign partner's capital share in foreign owned capital company. The production facilities and all of the properties related to these facilities or exceptional retained earnings from tax by a capital company or arising from the introduction of foreign partnership to be established as a joint stock company with the same capital and this article will be established to make qualifying capital investment of a portion of the Income Tax Law of the first paragraph of Article 94 6 number of sub-paragraph b-i are not subject to withholding tax in accordance with clause. the gains from the sale of the values they hold institutions of two full years in active not in the participation shares or property of the profits earned from the sale of dealing with securities or real estate trade organizations in the hand is outside the scope of the exception.
Pre-emptive right to attend the meetings with the shares obtained through use of the institution's reserve fund, bank provisions and taxes due to the addition of the capital allocated to the revaluation reserve by the Procedural Code if they belong to at least as participating in the two years before the company of bonus received shares, acquired through pre-emptive right to use or these shares are deemed to have received free acquired two years ago. within five years of this capital gain is added to or withdrawn from the company in any way in the event of liquidation of the company during this period, these gains are taxable income that year counted.
1163, co-founded by the law or the special law, the maximum benefit amount regardless of the real estate and investment equity share of the gains exemption on the sale could have a partner. However, by adding to capital gains from property sales of subsidiary shares it will be shown in a special fund account and distributed to shareholders in no way be used in carrying out the cooperative's objectives. Contrary to the provisions of Article 391 of the Turkish Commercial Code, the capital increase will be carried out in this way can not be applied. The advantage of this provision in the institutions participating in the real estate and determination of the proceeds of sale of shares of the Income Tax Law of the last paragraph of Article 38 does not apply.
after the date of entry into force of this Article shall be made under this Article of the registration process of land registration and cadastral fees, monies received in favor of the bank and insurance transactions are exempted from tax. b) 1/1 / 1999-31 / 12/2002 to be implemented in the joint stock company which gains from the disposal on the the establishment or when they increase their capital out that shares of a nominal value, the Income Tax Law Article 94 of the second paragraph of Article 6 subparagraph b-ii according to sub-paragraph shall not be subject to withholding.
PROCEDURE RELATING TO TAX LAW CHANGES
ARTICLE 7 4/1/1961 213 dated Tax Procedure Law No. 205 of Law Article 22 of the inserted section contained in the first paragraph of Appendix 1 of Article Situated "by taxpayers, replenishing, the assessment to be made ex-officio or managed by the ... "the phrase" by taxpayers, replenishing, ex officio or administration of the taxes imposed by tax penalty of Associates (344 third tax penalty in accordance with the third paragraph of Article taxes and penalties related to the cut-assessment) on the accrued amount, ... ", Annex the first paragraph of Article 11 "the Ministry of Finance, the tax audit based on punishment to cut the tax to be levied (344 third taxes in accordance with the third paragraph of Article penalty in taxes and penalties for the assessment to be cut) before the assessment can not allow compromise."
shaped modified and added the following temporary items.
provisional Article 23- 1/1/1999 history with made regarding the taxation period between these substances into force date of the entry and reconciliation claimed that even though they have not yet given the reconciliation day or settlement day given but yet to negotiation or compromise who have not requested in time rather than tax penalty assessment; tax loss can be made in the compromise demand for punishment. PART FOUR
Property Tax Law REGARDING CHANGES
No. 1319 dated 29.7.1970 and Article 8 of the Real Estate Tax Act is amended as follows: Article 29 and following provisional article has been added to the same law. Tax value
Article 29 Tax value is the fair value of land and buildings within the subject matter of the property tax.
Fair value is the normal trading price on the date of declaration of buildings and land.
General declaration period or the assessed value if the presence of lead amending the in the years following the initial year of the resident property tax base, according to the Tax Procedure Law of the previous year base each year of the revaluation rate determined for the same year found by the increased proportion of the half. The Council of Ministers is authorized to increase the rate of increase referred to in the third paragraph to download or revaluation rate to zero. Cabinet this authority, the Municipal Revenue Act of 2464 as compared to different groups of municipalities that are determined in accordance with Article 95 may use it by the detection.
Despite the additional time in case of no return, about the base determined according to Article 32, the same process in the years following the year in which related. Ministry of Finance to determine the procedures for the implementation of this article is authorized.
Provisional Article 18. The general declaration period in 1998 or 1998, and the resulting value of the amending tax reasons, the property tax payers that those who wish to return from 11/01/1999 - 31/12/1999 restatement can be found in between. Report taxpayers to declare their values therefrom; 1998, regarding the general statement period 1319 on the Real Estate Tax Law 10 and Article 20 of the tax value determined minimum extent is calculated in accordance with the provisions should not be lower than the value to be found by again increasing the rate of valuation of this year. The declaration of taxpayers in case of low, increased by the value calculated in this way. by taxpayers in this way will be restated building, taking into account land and land bases, taxpayers will not be any correction in the tax accrued in 1999.
2000 real estate tax base of taxpayers, the provisions of this Article shall be determined by taking into account the different according to Article 29 of the provisions of this Act.
INCOME MUNICIPAL LAWS RELATING TO CHANGES
Article 9.- dated 05.26.1981 and numbered 2464 Municipal Income repeated the first sentence of the ninth paragraph of Article 44 of the Act has been amended as follows. the tax accrued on an annual basis, taxpayers each year, paid in installments Real estate tax period. The Ministry of Finance is authorized to determine different payment periods.
CHARGES RELATED TO LAW CHANGES
ARTICLE 10 and No. 492 dated 02.17.1964 with Article 63 of the Law on Fees title is amended as follows. Registered value, real estate tax value of k mentioned in this Law Article 63. "carrying value" or "property tax value 'means; 1319 on real estate tax to be declared due to general statements or tax reasons, according to the Law amending the value refers to the real estate tax value. This value; In the year following the start of a real estate tax liability, the Real Estate Tax Act provisions be declared in accordance with property tax value, the value set for the previous year, while in other years, the revaluation rate is determined by applying.
The newly built building in the calculation of spending basis in the Real Estate Tax Law According to Article 10 of the land or land shares (including land) to the value declared previously as the value of "revaluation rate" as determined by applying the values prevail.
Land registry and cadastre fees, revaluation rate and the value obtained by applying the values that have been declared by taxpayers is based on a high.
Taxpayers according to the above provisions if they are in the lower declare the value to be determined, the fees of the account will be re-determined by applying valuation ratio values are taken into account. The difference is that the mortar hit, tax penalty calculated according to the Tax Procedure Law will be levied by applying the replenishment rate of 25%.
base fractions of up to one million pounds mortar not taken into account.
determination of principles and procedures for the implementation of this Article and the determination of the Ministry of Finance is authorized.
ARTICLE 11. Article 85 of Law No. 492 (f) to come after me the following paragraph (g) is added. g) Foreign Ministry residence permit will be given to the principle of reciprocity to be determined taking into account the nationality of the country.
Article 12 of Law No. 492 has been added to the following temporary items. Provisional Article 5 - Real estate in accordance with the provisional Article 18 of the Tax Law, 11/01/1999 - 31/12/1999, between which values they declare the taxpayers in restated, land registry and cadastre fees are considered the carrying value or property tax values in the application. These values are taken into account for the calculation of the declared mortar subjected to revaluation in subsequent years.
ARTICLE 13. A) Income Tax Law No. 193 dated 31/12/1960 and in the first paragraph of Article 64 of "... the annual gross minimum wage ..." to "... 25% of annual gross minimum wage 'id ... "form, B) and 3065 dated 10.25.1984 of Value Added Tax in temporary Article 10 of the Law" ... temporary Article 23 of ... "to" ... temporary Article 28 ... "form,
C) Tax Procedure Law 213 dated 4/1/1961;
1. Located on the third paragraph of Article 86 "... Article 361 ..." phrase, "... Article 355 bis ..."
2 Located number 3 in paragraph 112 Article "... 2577 Administrative Procedure subparagraph 8 of Article 27 of the Law ..." phrase "... 2577 Administrative Procedure third paragraph of Article 27 of the Law .. . ", located in the 3- repeated
Article 115" ... about 250 000 pounds (about 250 000 pounds including) ... "to" ... 1 000 000 pounds (including 1 000 000 pounds) ... "4- located on the third paragraph of the 232 Article of" other than the above, the farmers who are obliged to keep the first and second class merchants and book ... "phrase," those outside the above the gain of the first and second class traders from those identified in simple method the farmers who are obliged to keep the books ... ", located in the same paragraph" ... 15 million pounds or pass the cost of 15 million pounds ... "to" ... 50 million pounds or pass costs 50 000 000 pounds. .. "in the first paragraph of Article 235 5-" with first and second class traders ... ", the phrase" first and second class merchants who are determined to gain with simple method ... "
6. Article 242 in the last paragraph of "other income and revenues based on the Income Tax Act ..." phrase, "Income taxes on other income and gains according to law ..."
7 243 Located in the article "Agricultural business, Income Tax Law Article 12, according to the farmers at the top of the measures taken as a basis the revenue statement ..." phrase, "agricultural enterprises, the Income Tax Law of the farmers at the top of the software company the size of Article 54, ... "form,
It has been changed.
ARTICLE 14. A) of the Income Tax Law No. 193 dated 31/12/1960; 1 after the first sentence of the fourth paragraph and the third paragraph of Article 9 from the provisions
11 subparagraph 2 of Article 51,
B) of the Tax Procedure Law 213 dated 4/1/1961;
1 344 third-last paragraph of Article
2. The last paragraph of Article 368,
C) dated 05.16.1981 and numbered 2464 Municipal Income Law article 83 bis 84 and the third subparagraph 6 of the tariff depends on the material,
E) dated 22.7.1998 and Article 7 of the 4369 temporary law,
E) dated 29.6.1999 and Article 69 of Law No. 4393 of paragraph (h) of
The force has been removed.
Article 15 of this Law;
1- 2, 4, 5, 9 and Article 11 of the Article 13 (A) of paragraph on 1/1/2000,
2. Article 1 and Article 13 (B) and Article 14 paragraph (D) and (E) paragraph of the date of publication, to be effective from the date 1/1/1999,
3- the date of publication Other provisions
It enters into force.
Article 16. This Law shall be enforced by the Council of Ministers.
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