One of the most popular topics in recent years is the urban transformation projects. Particularly in metropolitan cities due to earthquake damage and earthquake risk; Has expanded the field of application of the Law on the Conversion of Areas Under Disaster Relief, numbered 6306, which has been removed, to almost all of Turkey.
According to the urban transformation law; It is decided within the framework of the conditions determined by the Ministry of Environment and Urbanism that some people will receive rent subsidies. Under the Urban Transformation Law; For the refurbishment of the house, rent allowance is given to those who vacate the house. It is vague that whether these rent aids are subject to the declaration under the real estate capital income of the Buyer. The answer to this question from your readers is as follows.
In Article 2 of the Income Tax Law No. 193, income and income items entered into the income are counted as commercial income, agricultural income, wages, self-employment profits, real estate capital gains, movable capital gains and other gains and revenues .
In Article 70 of the Income Tax Law, It is stipulated that real estate capital is the income obtained from the possession, rights, possession, possession and usufruct rights of the goods and rights enumerated in the same article in the form of subdivisions and rents given by the tenants or tenants.
Within the scope of urban transformation project; For the real estates demolished by the contractor, the price paid to the owners of the property and determined as monthly rent allowance is not based on the leasing process and is a help. Therefore, such payments can not be regarded as real estate capital income obtained under article 70 of the Income Tax Law. There is no obligation to file a declaration for rent aids paid to property owners who contract the house in the context of urban transformation. Because a gain is not the issue. The nature of payment is help.