1 published in the Official Gazette dated 12 June 2018 and numbered 30449, the exemption clause to the gains arising from sales, transfer or lease of the incorporeal rights acquired from projects that started before 19/10/2017 (including this date) after 30/06/2021 and the gains arising from sales, transfer or lease of the incorporeal rights acquired from projects that started before 19/10/2021 shall not be applicable 100% and the amount corresponding to the amount calculated shall be considered as Corporate Tax.
When any incorporeal rights fail to arise in favor of the operator as the commissioner has the incorporeal rights under all agreement provisions, the income generated by the taxpayers in these zones is not covered under the provisions of the Cabinet Decision.
Under this Decision, the exempt section due to income arising from incorporeal rights connected to patent or functionally equivalent documents shall be calculated by using the ratio of the qualified expenditures made within the scope of the income-generating activity to the total expenditures related to this activity. The exempt section due to income arising from sales, transfer or lease of the incorporeal rights shall be calculated by applying the ratio of qualified expenses in the related project to total spendings in terms of generated income from each project.
Qualified spending:
· The spending by the taxpayer that is directly linked with incorporeal rights
· Services provided from unrelated individual
· Benefits and service fees from individuals settled in the country (from the full membership to the European Union until the end of the taxing period)
are considered with the pre-amortization amount.
Total spending:
· Interest costs despite being made by taxpayers
· All costs such as building costs that are not directly related to software, design and R&D activities
· Financing costs such as interest
· Amortization related to buildings
· Rents, heating, lighting, water, cleaning, security, maintenance, repairs, taxes, duties and fees
· General management costs that are not directly related to software, design and R&D activities shall not be considered for calculation.
· The incorporeal right purchasing fees (including license and similar fees) and the benefit and service fees from related individuals are included in the total spending amount but not to qualified spending amount.
The taxpayer can increase the qualified spending amount up to 30%. The increased qualified spending shall not exceed total spending.
Exempt Ratio=Qualified Spending*1.30/Total Spending. The calculated ratio cannot exceed 100%.
If 90% is found as a result of the calculations, the exemption is applicable for 90% of the income generated from the incorporeal right sales.
Therefore, the general balance is recommended as a shorter way for tax account procedures when Qualified/Unqualified Spendings shall be divided for the company accounting systems.
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