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The second draft of the communiqué has been published for the articles in the omnibus bill

Regarding the doubtful receivables application in the receivables from those located in places where force majeure was declared due to earthquakes....

The second draft of the communiqué has been published for the articles in the omnibus bill

The legal regulation regarding the application of doubtful receivables in the receivables from those located in places where force majeure was declared due to earthquakes was included in the Official Gazette as follows;

Legal regulation

ARTICLE 17- (1) The following regulation has been made in the twenty-fifth paragraph of Article 10 of the Law No. 7440.

“(25) In places declared force majeure by the Ministry of Treasury and Finance due to the earthquakes that occurred in Kahramanmaraş on 6/2/2023; Taxpayers who have debts from individuals who are registered as taxpayers in terms of income and corporate tax, or real persons who do not have income tax liability but whose residence is in these places, or from organizations whose establishment and place of activity are located in these places, which do not have corporate tax liability, are determined by the court, upon a determination lawsuit, to determine the most of the assets of the debtor. Provided that there is a decision regarding the loss of at least one third of the debt, it may accept the receivables that were born before the earthquake date and whose existence is documented by the documents listed in the Law No. 213 as receivables that are in the litigation or execution phase in accordance with the provisions of Article 323 of the same Law, can separate. Taxpayers who keep books on the basis of operating account record their doubtful receivables determined within the scope of this paragraph in the expense section of their books. The procedures and principles regarding the implementation of this paragraph are determined by the Ministry of Treasury and Finance.

Doubtful debt application

ARTICLE 18- (1) According to Article 323 of the Law No. 213, provided that it is related to the acquisition and maintenance of commercial and agricultural income; Receivables that are in the phase of litigation or execution, and receivables that have not been paid by the debtor despite protests or written requests more than once, and that do not exceed 3,000 Turkish liras (with the General Communiqué No. 544, 8.900 as of 1/1/2023) are considered doubtful receivables. and for the doubtful receivables in question, a provision can be made in the liabilities according to the savings value of the valuation day.

To which receivables this provision belongs is shown in the provision account. In secured receivables, this provision is limited to the remaining amount of the collateral. The amount of doubtful receivables collected later is the profit and loss in the period they are collected.
transferred to your account. Taxpayers who keep books on the basis of business account, within the scope of the above explanations.
They record the determined doubtful receivables in the expense part of their books and the amounts collected afterwards in the income part of their books in the period they are collected, showing which receivables they belong to.

(2) With the twenty-fifth paragraph of Article 10 of the Law No. 7440, on 6/2/2023
In places declared force majeure by the Ministry of Treasury and Finance due to earthquakes in Kahramanmaraş;
- Persons who are registered as taxpayers in terms of income and corporate tax,
- Real persons who do not have income tax liability but whose residence is in these places
with people,
- Regarding the proof of the difficulties that arise in the collection of the receivables of the taxpayers who have economic and commercial relations with the organizations whose establishment and place of activity are in these provinces, which are not liable for corporate tax, the conditions specified in Article 323 of the Law No. In the event that the conditions specified in the article are fulfilled, there is no need for the debtor to be sued or followed by enforcement for the purpose of collecting the receivable.

(3) Based on the twenty-fifth paragraph of Article 10 of the Law No. 7440, the suspect
in order to set aside a provision for receivables;

a) In places where a state of force majeure was declared by the Ministry of Treasury and Finance due to the earthquakes that occurred in Kahramanmaraş on 6/2/2023; The real person or organization and the place of activity, which has no tax liability in terms of income and corporate tax, or does not have income tax liability, but whose place of residence is in these places.
Being an organization that is not liable for corporate tax in the provinces,

b) The receivable is related to the acquisition and maintenance of commercial or agricultural income and it is born before the date of the earthquake in the place where the debtor operates,

c) Proof of the existence of the receivable with the documents listed in the Law No. 213 (such as invoice, contract, producer receipt, expense note) and, if found, confirmation with documents such as order letter, delivery note, credit note, check,

ç) The receivable is entered in the relevant accounting period records as an item of income, in other words, revenue is recorded and declared in the value added tax return, The receivables arising from the order advances given, which are related to the cost of the service, will be evaluated within the scope of this paragraph without seeking the aforementioned conditions.)

d) By the court upon the determination lawsuit filed

There must be a decision that the debtor has lost at least one third of his assets.

(4) During the determination of the degree of damage to the debtor's assets, the compensation received from the insurance shall be taken into account as a factor reducing the loss.

(5) For the receivables that meet the conditions specified in the second paragraph of this article of the Communiqué, it is possible to set aside a provision by those who keep books on the basis of the balance sheet, and to record the said receivable as an expense in the book by those who keep the book on the basis of the operating account. In this context, provision for the said receivables has been decided as a result of the lawsuit to be filed regarding the debtor's loss of at least one third of his assets due to the earthquake. Therefore, since the twenty-fifth paragraph of Article 10 of the Law No. 7440 entered into force on 12/3/2023, those who keep books on the basis of balance sheet for the doubtful receivable based on the determination decision given by the competent courts for the 2023 calendar year (for those who are assigned a special accounting period, the current
A provision can be made in the liabilities of the balance sheet (accounting period), and the said receivable can be shown in the expense section of the ledger in the same period by those who keep the book on the basis of the operating account.

(6) If the registered letter written to the debtor who was damaged by the earthquake is returned for the receivables not exceeding 3.000 TL (8.900 for the year 2023), which has not been paid by the debtor despite the protest or the request more than once in writing, the envelope showing the postal officer's annotation is to be submitted, if necessary. It is sufficient to keep it during the statute of limitations, and there is no need to send a second letter. In addition, if it is determined that the debtor's residence and workplace are in an unusable condition, it is not necessary to go to notification for such receivables.

(7) Receivables that are provisioned/expenses paid in this way, if they are collected later, will be recorded as income in the year they are collected.

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