Law 7417 dated 01.07.2022 amended the subarticle ı) of Article 10 of Corporate Income Tax (CIT) Law

Yayınlanma Tarihi: 06 Temmuz 2022

In 2015, the sub-article ı) was added to article 10. This sub-article allows the taxpayers to deduct certain portion of the cash/liquidity infusion to the company’s paid-in equity structure from the CIT base. A defined interest rate is applied to the cash infusion and 50% of this amount (for the cash brought from abroad 75% rate applicable) is deductable from the CIT base. This right was used by the taxpayers for an indefinite period i.e. as long as there is no withdrawal from the company’s equity, they were deducting these amounts from their tax base year by year. However, Law 7417 brought a 5 year time limit for the application of this deduction. Companies can apply these deductions for the year of the cash infusion and the following 4 years. If a company doesn’t have a tax base for the related years, it can still apply the deduction in the future even if the 5 year time limit expires. Companies who have increased their paid-in capital with cash infusions in the past can still apply these deductions for 5 years starting from 2022, regardless of the number of terms in the past that they benefited from this deduction. The amendment came into force on 05.07.2022.