The Disaster Law, its effects on our lives and properties (8)

TRANSFORMATION BUDGET

Determining risky areas and reserve areas, assigning personnel there, and carrying out projects and construction work require funding.

Although the work and transactions to be carried out for public safety and benefit can be directly allocated to individuals, the priority is to ensure that the public lives in healthy and safe environments, which is among the essential duties of the State. It is necessary to create resources and establish funds for these implementations.

RESOURCES TO BE ALLOCATED FOR TRANSFORMATION EXPENSES

In order to be used for the purposes stipulated in this Law, an appropriation has been allocated in the Presidency budget "in return for the revenues listed below, which are included in the (B) marked schedule of the general budget of the relevant year":

1. Fifty percent of the amount to be collected as environmental contribution fees and administrative fines in accordance with the Environmental Law No. 2872 dated 9/8/1983 and recorded as revenue in the general budget.
2. The amount corresponding to the rate determined by the decision of the President, not exceeding ninety percent of the revenues obtained from the sale of places removed from forest status on behalf of the Treasury, in accordance with subparagraph (B) of the first paragraph of Article 2 of the Forest Law No. 6831 dated 31/8/1956.

The President is authorized to add appropriations to the relevant sections of the Presidency budget by associating them with Treasury grants in return for the year-end revenue realizations included in items 1 and 2 that exceed the appropriation amount foreseen in the Presidency budget explained above.

Apart from these, appropriations may be foreseen in the Presidency budget to be used in transformation activities when necessary.

The aforementioned appropriations are used by being transferred to the special account for transformation projects to be opened on behalf of the Presidency's accounting unit. The expenses of the Presidency regarding transformation activities, including the expenses of contract personnel to be employed without being bound by the provisions of the Civil Servants Law No. 657 dated 14/7/1965 and other laws regarding the employment of contract personnel, are covered from the special account for transformation projects. The appropriations within the scope of this article and the expenditures to be made from the special account for transformation projects are not associated with the annual investment program.

TRANSFORMATION REVENUES

In order to be used for the purposes stipulated in this Law;

a) All kinds of income and revenue to be obtained as a result of the implementations stipulated in this Law,

b) Revenues to be obtained from the sale, leasing, establishment of easement rights, and operation of immovable properties that belong to the Treasury or third parties and are transferred to the Presidency, which are registered in the title deed on behalf of the Presidency as a result of being subjected to zoning applications, as well as other immovable properties owned by the Presidency,

c) Repayments made by the relevant persons or organizations within the scope of loans extended "regarding" transformation projects, and late payment interest collected within this scope,

ç) All kinds of conditional or unconditional donations and aids and other revenues,

d) Fifty percent of the profit that the İller Bankası Anonim Şirketi (Provincial Bank Joint Stock Company) will obtain from its banking activities other than Treasury revenues and interest income, and from its activities in accordance with the first paragraph of Article 3 of the Law on İller Bankası Anonim Şirketi No. 6107 dated 26/1/2011,

e) Ten percent of the revenue of the Revolving Fund Enterprise of the General Directorate of Land Registry and Cadastre,

f) The amount to be determined by the Ministry, not exceeding thirty percent of the revenue of the Ministry's Revolving Fund Enterprise,

are recorded as revenue to the special account for transformation projects. The amount specified in clause "(d)" is transferred to the accounting unit of the Presidency by the end of May of the year following the accounting period.

SOURCE OF LOAN SUPPORT

Interest support may be provided from the special account for transformation projects for the loans envisaged to be provided within the scope of this Law, for loans to be used by rights holders from banks regarding residences and workplaces to be built or acquired within the scope of transformation activities, and for loans to be used by the Administration from the İller Bankası Anonim Şirketi or banks to be used in the implementations within the scope of the Law. The procedures and principles regarding these transactions and the support to be provided are determined by the President. Loans to be used by rights holders from banks in accordance with this paragraph are considered as housing finance loans specified in Article 57 of the Capital Markets Law No. 6362 dated 6/12/2012 and Article 32 of the Law on the Protection of the Consumer No. 6502 dated 7/11/2013.

HOW WILL THE INCOME-EXPENSE SYSTEMATIZATION BE DONE?

The Presidency is authorized to determine the procedures and principles regarding the acquisition, collection, and tracking of the revenues of the special account for transformation projects, the use of the amounts transferred to this account from the budget in grant or lending programs to be carried out within the scope of transformation activities, entering into commitments regarding all kinds of construction, goods, and service procurement, expensing, accounting, auditing, and the operation of the special account, by obtaining the favorable opinion of the "Strategy and Budget Presidency" and the Ministry of "Treasury and Finance".

The Ministry may transfer resources from the special account for transformation projects to TOKİ, the Administration, and the İller Bankası Anonim Şirketi to be used in the implementations within the scope of this Law. The resources transferred to the İller Bankası Anonim Şirketi are used within the framework of the procedures and principles regarding the operation of the Special Account for Transformation Projects, without being associated with the Bank's income and expense accounts.

The revenues foreseen in this article cannot be used outside the purposes of this Law.

SUPPORT OF MUNICIPALITIES

Municipalities that will be involved in the implementation within the scope of this Law are obliged to allocate five percent of their annual budgets related to investment and fifty percent of the fee revenues collected in accordance with Article 80 of the Municipal Revenues Law No. 2464 dated 26/5/1981 to the implementations stipulated in this Law.

TAX EXEMPTIONS

This applies to transactions to be carried out in accordance with this Law and to which the Ministry, the Presidency, TOKİ, the İller Bankası Anonim Şirketi, the Administration, the contractor undertaking the construction of the structures subject to transformation, and one of the real persons or private law legal entities who have been using the risky structure as an owner and as a tenant or holder of a limited real right for at least one year are a party;

a) The first sale, transfer, registration, and mortgage establishment transactions of the "immovable properties" within the scope of this Law before they are subjected to transformation, and the first sale, transfer, registration, and mortgage establishment transactions of the new structures resulting from the implementations to be carried out within the scope of this Law to the owners, the contractor undertaking the work, and the real persons or private law legal entities who have been using the risky structure as a tenant or holder of a limited real right for at least one year,

b) Transactions of constructing a new structure or purchasing an existing structure or establishing a mortgage on parcels or areas within the scope of this Law or on parcels outside the aforementioned parcels and areas due to a structure within the scope of this Law,

c) The first sale, transfer, registration, and mortgage establishment transactions of the new structures resulting from the implementations to be carried out within the scope of the Law, to be carried out by the contractor undertaking the work, the Ministry, the Presidency, TOKİ, the İller Bankası Anonim Şirketi, the Administration, and their affiliates, and Real Estate Investment Trusts (GYO), AND

d) Other transactions to be carried out in accordance with the Law regarding the transformation of the structures specified in these clauses are exempt from notary fees, title deed fees, fees and charges collected by municipalities, inheritance and transfer tax, revolving fund fees, and other fees; from stamp duty, including papers issued due to these transactions and papers issued due to payments regarding the procurement of goods and services by official offices; and from banking and insurance transactions tax on money received in favor of those who are granted loans for these purposes, including those who are owners of the structures within the scope of this Law and those who are determined to have resided in these structures as tenants or holders of limited real rights for at least one year or to have a workplace in them, even if they are not owners. The work, transactions, and implementations within the scope of this Law,

e) If they are carried out by companies in which the Ministry, the Presidency, TOKİ, the İller Bankası Anonim Şirketi, and the Administration own more than half of the capital, the tax, fee, and charge exemptions specified in this paragraph also apply to the work, transactions, and implementations carried out by these companies.

IF THE IMPLEMENTATION IS CARRIED OUT BY INDIVIDUALS

In cases where the implementation is carried out by real persons and private law legal entities in risky areas, reserve building areas, and parcels where risky structures are located, no fees or charges are collected by municipalities for the new construction area up to one and a half times the existing construction area, regardless of the change in function.

PROHIBITION OF SEIZURE AND PRECAUTIONARY MEASURES

Movable and immovable properties allocated to the work, transactions, and services specified in this Law, as well as all kinds of rights and receivables, money, and valuable papers in the nature of money, are considered allocated to the purpose of public benefit; no seizure or precautionary measures can be applied to them or to the guarantees to be taken within the scope of this Law under any circumstances.

After the accounting dimension of the subject has been evaluated and examined a little above, other issues will be reviewed in the following section.

Mediator and Lawyer NURDAN HERİS

News Source: 12punto