" Law on Restructuring Some Receivables and Amending Some Laws
His proposal ”was accepted on 23.10.2020. Law referred by the PBK to the General Assembly of the Turkish Grand National Assembly The proposal underwent some changes during these meetings and was accepted on 11/11/2020 and the 7256
It has been enacted by law number. Bringing new regulations on the restructuring of receivables "Law on Restructuring Some Receivables and Amending Some Laws"
It was published in the Official Gazette dated 17 November 2020 and numbered 31307.
There are four articles in the Law on the subject. The first clause is the scope and definitions, the second clause structuring of finalized receivables, third article common provisions (payment / installment), the fourth article is about the structuring of some other receivables.
Provisions of Law No. 7256 on structuring, August 31, 2020 (including this date)
It is limited to the finalized receivables before. In other words, not finalized or at the stage of lawsuit
Increasing the basis with the receivables found and correction of business records are within the scope of this law. has not been.
Which Receivables Are Accepted As Final?
As of the publication date of the Law for a receivable to be considered final;
The deadline for filing a lawsuit before first degree judicial authorities has passed,
- The deadlines for appeal / appeal or appeal have passed,
- The deadline for litigation against administrative sanction decisions regarding administrative fines has passed
- The period for benefiting from the settlement provisions has passed or has been agreed upon must be.
What are the Subjects Covered by the Regulation?
If we need to briefly mention the restructuring issues regulated by the Law, these issues are as follows: like this;
❖ Taxes and tax penalties,
❖ Customs taxes and administrative fines,
❖ Insurance premiums, community insurance premiums, pension deduction and corporate provision, unemployment insurance social security support premium,
❖ From the budget of the Ministry of Industry to organized industrial zones and industrial site building cooperatives receivables arising from loans granted,
❖ KOSGEB's receivables arising from credit and support payments whose non-conformity has been determined dues receivables,
❖ Receivables arising from the services provided by the Turkish Standards Institute,
❖ More than 50 percent of the companies owned by provincial special administrations, municipalities and municipalities lease receivables arising from easement rights and leasing transactions of its companies and revenue shares,
❖ The principal of the Investment Monitoring and Coordination Departments followed within the scope of Law No. 6183 and they will take the fer publicly,
❖ General Directorate of Foundations and fused foundations' rent receivables,
❖ TOBB, TESK, the Bar Association, TURMOB and the Exporters' Association of Turkey Exporters Assembly dues and some other receivables from its members,
❖ Receivables of development agencies from private administrations, municipalities and chambers of industry, Some administrative fines,
❖ All kinds of interest, raise, delay increase, default interest, penalty related to the above-mentioned public receivables they will receive the fer such as interest, delay penalty.
Which Regulations Are Valid For Receivables For Which Period?
The receivables that will be subject to restructuring have been determined based on the date of 31.08.2020 .
❖ For the periods before 31.8.2020 (including this date), in taxes based on declaration until this date
Taxes and related tax penalties and interest for delay regarding the declarations that need to be submitted, delay hikes,
❖ Tax accrued before 31.8.2020 (including this date) for 2020 and due tax penalties, default interest, delay increases,
❖ Regarding the determinations made before 31.8.2020 (including this date), the tax is not dependent on the original tax penalties are included.
❖ For taxes with an annual taxation period, the declaration submission period is until 31.08.2020 (this date included) are covered by the Law. Accordingly, the income declared by the annual return and taxation periods for 2019 and previous years in corporate tax is entering.
❖ For taxes with monthly taxation period, the taxation period of July / 2020 and the previous periods are covered, and the taxation period of August / 2020 is not.
❖ Motor vehicles accrued before 31.8.2020 (including this date) for 2020
❖ Receivables such as tax and annual fees are covered by the Law.
❖ Customs Law No 4458 and other related laws before 31.8.2020 (including this date) by the collection offices affiliated to the Ministry of Trade, which are subject to customs obligations within the scope of Customs taxes, administrative fines, interests followed in accordance with the provisions of Law No. 6183, delay interest and delay increase are included in the scope of the law.
How Does the Law Be Implemented?
As of the date of publication of the Law on 17.11.2020 (including this date);
The maturity of all taxes that are due but not paid or whose due date has not yet passed.Tax that has not been paid or has not expired although it has been received, and is not subject to a tax basis.
50% of the administrative fines imposed due to the customs tax, regardless of the originals, 30% of administrative fines and customs taxes, if any, based on their customs value. instead of the delay interest and increases to be calculated for the public receivables
In case the amount calculated according to D-PPI is paid until the date of publication ,
The fines imposed on the basis of the tax are not paid even though they are due or the payment has not expired, a taxThe remaining 50% of the tax penalties imposed irrespective of the original, the tax deducted due to the act of participation
The remaining 50% of the fines are imposed due to the customs obligation, regardless of the original customs duty. the remaining 50% of administrative fines, administrative money withheld based on the customs value of the goods the remaining 0% of fines, interest on taxes and customs duties, default interest and default interest will not be paid.
D-PPI monthly rate of change
Default interest, default interest and default interest to be calculated for tax debts within the scope of the restructuring instead of the delay penalty, the amount to be calculated based on the D-PPI monthly change rates will be paid.
The D-PPI monthly rate of change, which will be taken as basis in the restructuring, has been specially defined. D-PPI monthly The rate of change determined by TURKSTAT for each month;
❖ WPI monthly change rates until 31.12.2004,
❖ PPI monthly change rates as of 1.1.2005,
❖ As of 1.1.2014, D-PPI monthly rate of change,
❖ As of 1.11.2016, a monthly rate of 0.35% will be used.
What are the Application Dates?
In order to structure the finalized receivables, in writing to the relevant department until 31.12.2020 must be consulted.
❖ Collection under the Ministry of Treasury and Finance, Ministry of Trade, special provincial administrations and municipalities The first installment of the amounts to be paid to the apartments on 31.01.2021,
❖ The first installment of the amounts to be paid to the collection offices affiliated to the Social Security Institution is 28.02.2021,
It must be paid by the deadline.
Borrowers have the opportunity to pay in cash or in installments. Those who prefer the installment payment method borrowers were given a maturity of up to 36 months.
According to the regulation, if the calculated amount is paid in full within the first installment payment period; for this amount
Interest will not be calculated for the period between the publication date of the Law until the date of payment, and they will receive the fer. a 90% discount over the amount to be calculated on the basis of D-PPI monthly rate of change instead will be made.
Similarly, if the calculated amounts are paid within the first two installments of the payment period; the amount of the law
No interest will be calculated for the period from the date of publication until the date of payment, D-PPI instead of fer receivables An additional 50% discount will be made on the amount to be calculated on the basis of monthly exchange rates.
If the installment payment is preferred, the installments can be paid with a certain coefficient depending on the payment period. will be increased. The announced increase coefficients are as follows:
❖ 1,045 for payments to be made in 12 months in 6 installments
❖ 1,083 for payments to be made in 18 months in 9 installments
❖ 1,105 for payments in 24 months in 12 installments
❖ 1,15 for payments to be made in 36 months in 18 installments
In order to benefit from the structuring provisions, the first two installments are paid on time and in full required. Otherwise, the configuration will be broken. The right to benefit from the law will be lost.
The law allows for restructuring on related issues. Of the provisions of the law borrowers who want to take advantage ; Application to the relevant administration until 31.12.2020 ( including this date ) must be found. Payment by cash or installment options for the debtors who apply they can.