Based on the application of our foundation, the decision of the Council of Ministers dated 20/12/2010 and numbered 2010/1277, pursuant to the 20th article of the Law No. 4962 dated 30.07.2003, on the letter of the Ministry of Finance, “Conformity to the Tax Exemption Status No.71491 and dated 28.07.2009”. and our foundation has gained “Tax Exemption Status”
PRIVILEGES REGARDED BY LAW TO FOUNDATIONS WITH TAX EXEMPTION
1- According to the 4th clause of the first paragraph of the 89th article of the Income Tax Law, the donations and aids made in return for a receipt, provided that the annual total does not exceed 5 percent of the income to be declared to the associations and foundations working for the public interest (10% in priority regions for development) will be declared in the income tax return deducted from income.
According to the 1/b sub-clause of the repetitive article 14 of the Corporate Tax Law, up to 5% of the total corporate income of that year of the donations and aids made to associations and foundations, which are deemed beneficial for the public interest, against receipt can be deducted from the corporate income.
The exception in subparagraphs 7, 8, 9 and 14 of the first paragraph of article 94 of the Income Tax Law No. 193.
2- Goods delivery and service performances within the scope of paragraphs 1 and 2 of article 17 of the Value Added Tax Law No. 3065 are not subject to value added tax. In addition, free goods delivery and service performances to institutions such as hospitals, convalescent homes, clinics, dispensaries operated by associations and foundations working for the public benefit, nursing homes for the elderly and disabled, free and poor soup kitchens, orphanages and similar establishments are not subject to value added tax.
Within the scope of sub-clause c of paragraph 2 of Article 17 of the Value Added Tax Law No. 3065, the deliveries and services of associations and foundations that are beneficial to the public interest, regarding the deliveries and services to be made free of charge, are exempted from Value Added Tax.
3- According to subparagraph (a) of Article 3 of the Inheritance and Gift Tax Law No. 7338, associations and foundations that are beneficial to the public are exempt from inheritance and gift tax. Gratuitous transfers made to publicly beneficial associations are not subject to inheritance and gift tax.
4- According to subparagraph (b) of Article 59 of the Fees Law No. 492, the registration and annotation of real estates and other real rights to be acquired by publicly beneficial associations and foundations, and the registration and annotation of the facilities belonging to the association and the real estates and other real rights that these facilities will later acquire a fee exemption is applied for the transactions that require them and their cancellations.
5- Pursuant to paragraph (e) of article 4 and (c) of article 14 of the Real Estate Tax Law No. 1319, publicly beneficial associations and foundations are responsible for the buildings and lands they own (except if they belong to economic enterprises belonging to associations and foundations or are allocated to these economic enterprises. ) are exempt from property tax.
6- Associations and foundations benefiting the public have the opportunity to receive aid without obtaining permission pursuant to the Law No. 2860 on Aid Collection.
7- Pursuant to the first article of the Law No. 748 on land and lands that can be sold to national real estate or some establishments from dispossessed foundations and municipalities, lands and lands deemed suitable from national real estate or foundations can be sold to publicly beneficial associations with the decision of the Council of Ministers.
8- From the goods imported by the associations and foundations working for the public interest in accordance with the 7th paragraph of the 167th article of the Customs Law No. 4458, in order not to pursue commercial purposes and to be used in line with the establishment purposes; educational, scientific and cultural objects and scientific instruments and devices, instruments and devices for medical diagnosis, treatment and research, animals and biological or chemical substances for scientific research purposes, therapeutic substances of human origin, and markers for separating blood groups and tissue types, Substances intended for quality control of medicinal products are exempt from customs duty.
9- Pursuant to subparagraph (d) of the first article of the Vehicle Law No. 237, official (black) plates are given to the vehicles to be used by those deemed necessary by the Prime Ministry to the publicly beneficial associations and foundations.
10- Associations and foundations receiving public benefit are included in the state protocol.
11- Pursuant to Article 72 of the State Tender Law No. 2886, immovable properties registered in the private property of the Treasury and not allocated to public services may be sold by valuation, taking into account the purchase and sale market value on the date of sale, to be used in accordance with the purposes of establishment, to associations and foundations working for the public benefit. Immovable properties acquired in this way cannot be used or sold for any purpose other than the purpose for which they were issued. If the immovable property is not used in accordance with the purpose of establishment within five years, the immovable property is taken back by the treasury over the sale price.
12- According to the seventh article of the Regulation on the Allocation of Foundation Hayrat Immovables published in the Official Gazette dated 04.06.1998 and numbered 23362, associations and foundations are one of the institutions to which charities can be allocated.
13- Pursuant to Article 14 of the Law No. 2863 on the Protection of Cultural and Natural Assets, the usufruct rights of immovable cultural and natural assets that need to be protected can be left to national associations beneficial to the public interest, to be used in public services for certain periods, with the permission of the Ministry of Culture and Tourism.
14- Pursuant to Article 483 of the Turkish Penal Code No. 765, those who violate and insult these associations and foundations, according to the nature of their actions, 480 or 482.