Home Law Which cannot be considered to be discretionary capital?

Which cannot be considered to be discretionary capital?


Which cannot be considered to be discretionary capital?

1- What is the definition of discretionary capital?

The debts which was collected directly or indirectly by the kin or related to the kin of the companies or of the partners, and are three times more than the stockholders equity in the account period, are considered to be the discretionary capital within the related account period.

2- How is it evaluated if the bank and the loan society are the related person?

During the Above mentioned comparison, apart from the debts provided by loan societies provides financial help to the related companies, %50 percent of the debts held upon the partners or the kin of the partners, are taken into consideration.

3- What is discretionary capital in the firs article?

Discretionary capital means the stockholders equity in the account term, detected by the tax procedure law.

4- Is discretionary capital calculated, if stock is taken by Istanbul securities exchange office?

(4) In the case that the capital in the İstanbul Securities exchange office is attained, at least %10 percent public partnership interest is taken.

5-Which cannot be considered to be discretionary capital?

The Debts to third person who are related to the institutions or the related to the kin of the institutions in exchange for non-cash deposits

The debts attained by banks, finance institutions or by capital markets, and used by institutions or by the partners or the people related to these partners

-The debts attained by the banks that carry out operations according to the Banking Law no .411

-Financial Leasing companies within the scope of Financial Leasing Law no.3226, financial or factoring companies that carry out its operation within the scope of Money Lending Delegate Legislation no.90

And the debts attained by the banks of the partners of the organizations or the related people of the partners

Discretionary capital is considered to be the amount forwarded to corporate office as the bonus for the last day in the practice of income tax and corporation taxes act.

Previous tax transactions, within the scope of exchange difference of the discretionary capital, will be issued within the eyes of the taxpayers.

It is necessary that the tax imposed on the institution that uses discretionary capital needs to be confirmed and paid.

Source: Income Tax and Corporation Taxes Act

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