“Communiqué on procedures and principles for the implementation of Provisional Article 2 of Law No. 7420 on Amendments to the Income Tax Law and Some Laws and Legislative Decrees” (“Communiqué”) published in the Official Gazette No. 32084 dated 25.01.2023 and entered into force through publication in the Official Gazette No. 32008 dated 09.11.2022 and the Income Tax Law No. 7420 and the Law on Amendments to Some Laws and Legislative Decrees (“Communiqué”) The principles regarding the scope of application of the provisional Article 2 of the Law No. 7420″) have been determined.
This information note (”Information Note“) contains the conditions for the acceptance of certain receivables that have been made the subject of follow-up within the scope of ”worthless receivables“ according to the regulation contained in Article 322 of the Tax Procedure Code No. 213 (”Law No. 213″) with the entry into force of the Communique.
I . summary
The topics covered in this Information Note can be summarized as follows:
Provisional 2 of the Law No. 7420. article 213 of the Law No. 322. according to the article, the scope of receivables considered as worthless receivables has been expanded. In this context, in the execution proceedings initiated on the basis of the provisions of the Execution and Bankruptcy Law No. 2004 (“Law No. 2004”) and the Law No. 7155 on the Procedure for Initiating Proceedings for Receivables Arising from Subscription Agreements No. 7155 (“Law No. 7155”), if the debtor is a natural person, the amount of debt in the execution file or the amount of overdue debt exceeds TL 2,000.00 and the creditor requests a waiver in the execution file, these receivables will also be considered worthless receivables.
With the communiqué, the procedures and principles related to the implementation of the Provisional Article 2 of the Law No. 7420 have been determined, and the procedures and principles for closing the execution files that meet the conditions specified in the Provisional Article 2 have been arranged.
In this context, first of all, the creditor has to submit a petition containing a waiver request to the execution files, then the execution office examines whether the execution file meets the conditions of the Provisional Article 2 of Law No. 7420 and accordingly the execution file is closed “without paying the waiver fee”. In the document to be issued by the enforcement department as a result of this file closure process, it is mandatory to include the statement that the enforcement file has been closed due to waiver in accordance with Temporary Article 2 of Law No. 7420.
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