The Determination of 2-Year Rule When Selling the Properties Being Subject to Lease Certificate Purchase/Sale Transactions in line with the Sale and Release and Get Back Procedure!
1- On condition that they are taken back at the end of the agreement and on the purpose of lease back within the scope of Leasing, Factoring and Financing Companies Law dated 21/11/2012 and numbered 6361,
The period of holding the assets in the active accounts of the leasing, participation, development and investment banks should be taken into consideration for the selling of transferred properties to
1.1- The financing companies by the corporations,
1.2- The development and investment banks and participation banks in the selling of properties to the third persons by the leasee on the occasion of sale and release and take back procedure.
2- In the selling of the properties transferred to the leasing companies to the third persons by the parent company for the purpose of lease certificate purchase/sale transactions within the scope of Capital Market Law dated 06.12.2012 and numbered 6362, the period of time of the active account of leasing company should be taken into consideration while calculating of period of holding the assets in the active account.
Source: Corporate Tax Law