Yeni vergi yasasına göre bankalarda kurumlar vergisi ve kar dağıtımı
The Corporation tax and profit delivery in banks according to the new tax law
- Tez No: 87754
- Danışmanlar: PROF. DR. İLHAN ULUDAĞ
- Tez Türü: Yüksek Lisans
- Konular: Bankacılık, Banking
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1999
- Dil: Türkçe
- Üniversite: Marmara Üniversitesi
- Enstitü: Bankacılık ve Sigortacılık Enstitüsü
- Ana Bilim Dalı: Bankacılık Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 101
Özet
Özet yok.
Özet (Çeviri)
88 SUMMARY In the first part of my study, some topics such as the subject of the corporation tax in banks, the history of the corporation tax, the situations of the full and limited taxpayers and the imposition of the corporation tax have been examined. In the second part, the calculation of the corporation tax in the banking sector, the effects of that calculation to banking sector, the impacts of the law numbered 4369 to banking sector, the exceptions which cancelled in the corporation tax, the expenses which will be dumped or not according to the corporation Tax Law. The unaccepted expenditures by law and the temporary tax application have been covered. In the third and last part; I have tried to explain the exceptions in the corporation tax, calculating of the tax assessment, calculating the corporation tax, besides, the realization of the profit delivery in Joint Stock Companies and profit delivery items. How the tax law numbered 4369 has affected the banking sector? It can be found out in my study. The old law has been invalidated dating from 29/07/1999. With the law numbered 4369, the taxation of the institution profits has been changed. The Corporation Tax rate has been increased from 25% to 30% provided that it start from the year 1999 profits. The 20% Corporation Tax known as the minimum Corporation Tax has been cancelled provide that it start from the year 1999 profits. The stoppage at source application has been established related to the profit delivery in companies. This change will be applied from the year 1999 profit. The system which is brought about the taxation of the institution has been an encouragous system. In addition, the stoppage at source will be implemented to the other exceptional profits such as investment during issuing premium, except the dividends gained from the partnerships by institutions. With the changes made, the items evaluated with the buying price beforehand“ such as '.' 'V, state bonds, treasury bonds, private sector bonds, B type fund participation documents,89 A type fund participation documents which have less than 51% share stock in its portfolio have been evaluated by market value from now on. The Law numbered 4369 has abolished the 94 th article of the Income Tax Law. With this change, it has been possible to implement stoppage at source of the banks deposits interest revenues and repo income. The stoppage at source won't be implemented to interest revenues gained from the time deposit accounts which opened before 29,07,1998. In the full taxpaying, unless the institution delivers profit, the stoppage at source won't be implemented. With new arrangement, the application which reserves financial fund has been cancelled except for the investments bound to incentive documents before 01,01,1999. Corporation tax which takes place in income tax group is an indirect tax. Which is taken from net corporation profit when the profit is gained. Income tax is an actual person tax where as corporation tax is not legal person tax. Although income tax is a subjective tax, corporation tax is an objective tax. Income tax is a progressive tax. But corporation tax is a fixed rote tax. During a year when people's income increase, their tax also increase. But in corporation tax the increase in income does not change the tax rate. Corporation tax has started in practice (be applied) in Germany and in the United States in the middle of 19th century and in England and France in the first quarter of 20th century. In Turkey it has been applied by taking the corporation tax model of Germany in 1950. Corporation Tax was separated into two parts as full and limited liable perens company's legal centres and other working centres (areas). The article which has been very much discussed appeared by Law numbered 4369 was sixth paragraph of article 279 in the Tax Procedure Law. The amendment to the revaluation of marketable securities required that ”YFKB" comprised of the shares of90 companies 51% at least of the marketable security and share portfolios of which are founded in Turkey, be revaluated with their acquisition costs and the rest with their market values. The amendment on the article 94 of income tax made possible to witholding tax on deposits and repo incomes, for banks. Interest incomes of which opening date is before the date of July, 29,1998 are not subject to Witholding Tax. By the Law numbered 4369 financial fund application has ended. But financial fund which is suitable to the conditions written in the repeated article 8 of Corporation Tax Law will continue to be practiced. Very important amendments are made on the tax of profit shares (dividends). These amendments will be practiced from the date of January, 01,2000. Banks may distribute profit to shareholders after deducting tax, fund and reserves from trade profit according to their share in shareholders capitol by the decision, of General Board. Minimum corporation tax is 20 percent of company profit before deducting allowances and adding exceptions which are included in Corporation Tax Law, article 25. Exception rules are abrogated by article 8 of Corporation Tax Law, hence Minimum Corporation Tax is also abrogated. When tax applications until the date December 31,1998 are analysed, Banking earnings either subject, to corporation tax or excepted from tax are firstly taxed in the bank. Hence banking earning in other words, financial profit is subject to corporation tax Income Tax and funds. When the profit excepted from Corporation Tax is calculated, Income Tax deduction is made from the profit either distributed or undistributed.91 Witholding Tax rate was 10 percent in 1993 and before that date Gains from marketable securities written paragraph 4 of artice 75 of witholding Tax Law is subject 10 percent of Wiholding tax for public companies, 20 percent for the others and 15 percent for investment incentive. But tax deduction for interest on treasury bonds and government bonds and on marketable securities issued by (KOİ) Public Partnership Institution and (TKİ) Public Contruction Institution is zero The amount which is subject to zero tax deduction can be calculated according to share withing company revenue. Full liable companies except going exceptes from corporation Tax, are subject to witholding tax for profit shares written in Income Tax Law numbered office 75, paragraph 2. But Witholding depends on profit distribution, otherwise no witholding tax will be calculated. Witholding power is given to the companies which distribute profit by law. To witholding tax from profit shares, the profit distribution should occur legally and economically. The addition of profit to owner's equity will not be considered as profit distribution for witholding application. If a company takes a decision for profit which would be distributed to it's shareholders in 2001 to add to the capital, the part which is added to the capital is not taken as profit distribution and is not subject to witholding tax. In 1999 Tax payers are subject to temporary tax from profit of quarterly periods at a rate of 25% according to basis of repeated article 120 of Income Tax Law. In 1998, 70% of corporation tax was calculated and equal 12 installments or in a 3 months period temporary tax was paid by companies. Temporary Tax application which was first introduced to our tax laws at,24,12,1980 by law number 2361 had received reaction from all private sector representatives. But it has been accepted by everybody during a five year period. Five amendments had been made in the law, during this period and in 1,1,1999, 6th amendment was made by law number 4369 latest amendment received much, more92 reaction than others. The reason of this over reaction that, it increased the amount of work that accountants do and it is not clear enough to understand. As it can be seen on Table- 1, temporary tax was calculated as 70% from 1998 profit. For 1999 profit, it will be calculated with quarterly period at a rate of 25% from next years profit not from the year and profit. As it can be seen in the table temporary tax rate was 17.5% in the old application but now it has become 25%. This increased the burden of tax of banks. As it can be seen on Table-2, the burden of tax is different before 1999 and after 1999. Banks open to public had a 35.75% tax burden before 1999 and others had 44%. After 1999, if the profit is not distributed the tax burden is the same as 33% for both open to public and other banks if the banks which catcuble corporate tax open to public are not distribute the if profit which have a tax burden of 41.25%. And those banks which distribute the profit will have much tax burden. Banks which calculate corporate tax froml998 profit, if they are not open to public they were paying 44% tax, New Tax Law has brought less tax burden to these banks. They will pay 41.25% corporate tax. If banks open to public do not distribute profit from 1999 profit will pay more tax according to old one. If they distribute profit they will pay less tax from 1998 profit.
Benzer Tezler
- Türkiye iktisat politikalarının belirlenmesinde iktisadi kurum-kural ve kuruluşların rolleri
Başlık çevirisi yok
İBRAHİM GÜRAN YUMUŞAK
- Bilişim sistemlerindeki gelişmelerin işletme yönetimine etkileri, yönetim bilişim sistemleri geliştirme ve bir uygulama örneği
Effects of the evoluation of information systems on management, management information systems development and an example of its application
ZUHAL TANRIKULU
Doktora
Türkçe
1999
İşletmeİstanbul ÜniversitesiOrganizasyon ve İşletme Politikaları Ana Bilim Dalı
PROF. DR. EROL EREN
- Yerel yönetimlerde toplu taşımanın yeri, Edirne örneği
Evaluation of public tranport roles and responsibilities of local governments with special reference to the case of Edirne
ERDAL UYGUN
Yüksek Lisans
Türkçe
2012
UlaşımBahçeşehir ÜniversitesiKentsel Sistemler ve Ulaştırma Yönetimi Ana Bilim Dalı
YRD. DOÇ. DR. PELİN ALPKÖKİN