SHARES – Muhasebe News https://www.muhasebenews.com Muhasebe News Tue, 29 Jan 2019 10:31:31 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.3 Am I supposed to pay the capital gains for my shares that I sold over the nominal price? https://www.muhasebenews.com/en/am-i-supposed-to-pay-the-capital-gains-for-my-shares-that-i-sold-over-the-nominal-price/ https://www.muhasebenews.com/en/am-i-supposed-to-pay-the-capital-gains-for-my-shares-that-i-sold-over-the-nominal-price/#respond Tue, 29 Jan 2019 10:31:31 +0000 https://www.muhasebenews.com/?p=45226 I will transfer my shares. The transfer will happen over the nominal price. Am I supposed to index this share price? If I do, capital gain occurs. However, there are no gains as the shares will be transferred over the nominal price.

 

Practice principle is; the transaction shall be made over the amount that the share is transfered.

Capital gains do not give rise to tax evasion.

 

 

 

 

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

]]> https://www.muhasebenews.com/en/am-i-supposed-to-pay-the-capital-gains-for-my-shares-that-i-sold-over-the-nominal-price/feed/ 0 What Are The Expenses To Be Deducted From The Income Resulting From The Selling Of Shares? https://www.muhasebenews.com/en/what-are-the-expenses-to-be-deducted-from-the-income-resulting-from-the-selling-of-shares/ https://www.muhasebenews.com/en/what-are-the-expenses-to-be-deducted-from-the-income-resulting-from-the-selling-of-shares/#respond Wed, 12 Dec 2018 10:30:41 +0000 https://www.muhasebenews.com/?p=41461 Expenses To Consider When Determining the Income

When determining the income resulting from the disposal of the shares, it is possible to apply a reduction on the cost value of the disposed shares from the sale value as well as the expenses made because of the disposal and that are undertaken by the seller.

It is not possible to apply a reduction on the financial expenses regarding liabilities used when determining the income resulting from the disposal of shares.

 

Source: Income Tax Law Numbered 232
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/what-are-the-expenses-to-be-deducted-from-the-income-resulting-from-the-selling-of-shares/feed/ 0 I bought the same shares within the same year. How can I find the date of aquisition? https://www.muhasebenews.com/en/i-bought-the-same-shares-within-the-same-year-how-can-i-find-the-date-of-aquisition/ https://www.muhasebenews.com/en/i-bought-the-same-shares-within-the-same-year-how-can-i-find-the-date-of-aquisition/#respond Wed, 12 Dec 2018 08:32:05 +0000 https://www.muhasebenews.com/?p=41459 Designating The Date of Acquisition When The Same Shares Are Bought More Than Once Within The Same Year

Once the shares of a particular company are purchased on different dates, in the case where some of the purchased shares are sold off,  taxpayers can decide freely on the transaction way of the those shares.

 

Source: Income Tax Law Numbered 232
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/i-bought-the-same-shares-within-the-same-year-how-can-i-find-the-date-of-aquisition/feed/ 0 Is it possible for a company in Turkey to buy the shares of a company in the U.S.A? https://www.muhasebenews.com/en/is-it-possible-for-a-company-in-turkey-to-buy-the-shares-of-a-company-in-the-u-s-a/ https://www.muhasebenews.com/en/is-it-possible-for-a-company-in-turkey-to-buy-the-shares-of-a-company-in-the-u-s-a/#respond Wed, 05 Dec 2018 09:00:50 +0000 https://www.muhasebenews.com/?p=40975 … A person who has a Limited Company in Turkey also has a company in The United States. Is it possible for this Limited Company to buy the company in the U.S.A? Can there be a merger? If so, how is it possible? Which way should I follow?


There isn’t a regulation in the Law about this subject, but this can be possible with the transfer of shares. Just as the company in the U.S.A can be the only sharer of the company here, if possible in accordance with the laws in the U.S.A, the company in Turkey can operate as the only sharer of the company in the U.S.A. The transfer process must be completed in the way of transfer of shares and an announcement of registration must be made. It is beneficial to obtain information from the related country about the process in the U.S.A. In Turkey, there is nothing you are required to do for the process in the U.S.A.

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/is-it-possible-for-a-company-in-turkey-to-buy-the-shares-of-a-company-in-the-u-s-a/feed/ 0 Is there a tax exempt for the selling of shares of Incorporated Companies? https://www.muhasebenews.com/en/is-there-a-tax-exempt-for-the-selling-of-shares-of-incorporated-companies/ https://www.muhasebenews.com/en/is-there-a-tax-exempt-for-the-selling-of-shares-of-incorporated-companies/#respond Wed, 21 Nov 2018 09:30:36 +0000 https://www.muhasebenews.com/?p=39728 SUBJECT

 About Incorporated Company transfer of Shares.

QUESTION

We have 10 companies in total that are tied to our incorporated company shareholdings.

There haven’t been any certificates for these companies.

In accordance with Income Tax Law, providing that there is a certificate, it is subject to income tax if it is sold within 2 years

There aren’t any certificates for our companies.

If we sell our companies in the current situation, for example in the case of us selling our company of 50.000 TL capital to 100.000 TL, do we have to state a profit of 50.000 TL in our corporate tax return?

Or is there any exceptions?

(15.11.2018 09:02)

ANSWER

The company can not be sold. The partners of the company sell their ‘shares’. The profit of partners from the selling of the shares are declared as earnings and revenue to the Other. It is not possible to declare profit with corporate tax return.

Source: Ismmo
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/is-there-a-tax-exempt-for-the-selling-of-shares-of-incorporated-companies/feed/ 0 Can corporates take their shares? https://www.muhasebenews.com/en/can-corporates-take-their-shares/ https://www.muhasebenews.com/en/can-corporates-take-their-shares/#respond Wed, 14 Nov 2018 07:00:26 +0000 https://www.muhasebenews.com/?p=27594 1- IN WHICH CASES CORPORATES CONSIDER THEIR SHARES AS ACQUISITION OR DEPOSITUM TAKE PLACE?

1.1- A corporate is not able to accept its shares which will exceed its capitals 1/10 rate, as acquisition or deposition. This provision also includes the third person from the corporate who consider his share as acquisition or deposition.

1.2- In order to accept the shares as acquisition or deposition according to the first article of the related law, general assembly has to inform the members of the board.

In this authorization, valid for at most 5 years, the shares to be accepted as acquisition or deposition will be shown by their lower and upper limits are shown. In every permission request, the board states that legal requirements are achieved.

1.3- Additional to the conditions in the article number one and two, after the shares to be acquired are dscounted, the rest active has to be equivalent to at least the total of capital and substitute reserves.

1.4- According to these provisions, only the shares paid can be acquired.

1.5- Above mentioned provisions are executed in case of the fact that main company’s shares are obtained by subsidiary company. Regarding the companies having stock exchange securities, Stock Exchange Commission makes arrangements in terms of principle of transparency and rules of price.

2- DO CORPORATES CAN ACQUIRE THEIR SHARES WITHOUT THE DECISION OF GENERAL ASSEMBLY?
A company, getting rid of a serious loss and harm if necessary, is able to acquire it share without the decision of general assembly regarding authorization.
2.1- The reason and the aim of acquisition
2.2- The number of the shares acquired, nominal par or par value and which part of the capital is represented,
2.3- its cost and payment conditions,
need to be informed.

3- WHAT ARE THE EXCEPTIONS IN THE CASE OF CORPORATES ACQUIRING THEIR SHARES?

A Corporation is able to acquire its share if;
3, 1- It practices the legislations regarding diminishing the capital according to the related law number 473 and 475.
3,2- Total subrogation
3,3- If a law begot necessity of buying
3,4-  If it aims to collect on the condition of all the debts are paid.

_______________________________________________________________

Source: Turkish Trade Law

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

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