WHAT ARE THE CONDITIONS TO BENEFIT FROM THE RIGHT TO THE RIGHT TO POSTPONE PAYMENTS ARISING FROM SALES AND RENTAL OF STATE-OWNED REAL ESTATES?

Law No. 7244 (“Law”), which is aimed to reduce the negative effects of Coronavirus (COVID-19) on economic and social life, was entered into force by its publishing in the Official Gazette dated 17 Nisan 2020 and numbered 31102.

In accordance with Article 1 of the Law, the payments to be made to the Treasury and Metropolitan municipalities, municipalities, special provincial administrations and affiliates and the local administrative unions for the rental and sale of the real states owned by the same, as well as the payments to be made by real persons and legal entities providing public transportation services for license and line rentals are postponed for a period of 3 months without seeking an application requirement.

However, there are some conditions to benefit from such postponement right. These conditions and the rules and principles of application of the above-mentioned Article 1 of Law are regulated under the General Communiqué of National Estate No. 399 (“Communiqué”), which is published in the Official Gazette dated 22 April 2020 and numbered 31107.

In accordance with Article 4 of the said Communiqué;

a) Right owners whose deadlines are within the postponement period of those who are informed that they are required to pay the down payment or the sales price within three months at the latest from the notification date of the sale made by the administration,

b) Rights owners who have previously signed an installment sales contract and whose installments are within the postponement period, but have no more than two unpaid installments as of 1/4/2020

shall benefit from the right to postpone the payment of the sales price. Pursuant to Article 5 of the Communiqué, no interest or increase will be applied to the amounts postponed or subjected to installment plan.

In accordance with Article 6 of the Communiqué; the adequate pay (ecrimisil) transactions for Treasury immovables which are used for agriculture and animal husbandry purposes and for which an adequate pay (ecrimisil) amount have not been determined by the cost determination commission or have not been notified as of 1/4/2020 will be postponed by taking into account the harvest and season periods as well as the prescription periods. Similar to the above-stated regulation, no interest or increase will be applied to the amounts postponed under this Article.

The first installment payment of the postponed sales or adequate pay (ecrimisil) price will be made on the date that the postponement period expires and the following installments will be made on the same day in the following months. However; in case the postponed sales prices are not paid within due time, the provisions of the current contracts of the right owners and the relevant legislation will be applied.

 

ERKUT LAW OFFICE

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