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OFFICIAL GAZETTE

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Article 12-(2). The provision of the preceding<br />

paragraph shall not apply to a case where the<br />

effect that the balance between the actual amount<br />

of assets and the amount entered in the<br />

inventory is included into business expenses according1<br />

to the preceding Article is not stated<br />

in the return under Articles 18 to 21 inclusive<br />

of the Law.<br />

The provision of Art. 9 par. 2 shall apply<br />

mutatis mutandis to the case under the preceding<br />

paragraph.<br />

In Article 16, "the paid-up amount" shall be<br />

amended as "the face value (as for the share<br />

of a corporation issuing no-par stock, the amount<br />

obtained by dividing the amount of capital of the<br />

corporation concerned at the time when the share<br />

was redeemed by the total number of the issued<br />

stock) ".<br />

Article 17-(3) shall be amended as follows:<br />

Article 17-(3). The expenditure incurred to a<br />

corporation as result that the corporation paid<br />

the national tax and the cost to coercive collection<br />

or the imposition of the local public body<br />

in accordance with the provision of Art. 4-(6)<br />

or Art. 4-(7) of the National Tax Collection<br />

Law (Law No. 21 of 1897) or Art. 10-(2) or<br />

Art. 11-(3) of the Local Tax Law (Law No.<br />

226 of 1950) for a delinquent taxpayer (including<br />

a special collector; hereinafter the same)<br />

who is a shareholder, partner or investor (including<br />

the expenditure incurred as a result<br />

that the corporation did not exercise the right<br />

of claiming the compensation accruing because<br />

of the payment) shall not be included in the<br />

business expense in computing the income for<br />

the accounting period for which the expenditure<br />

was incurred.<br />

In case the corporation received money or<br />

other property from the taxpayer under the<br />

preceding paragraph as a result that the corporation<br />

exercised the right of claiming the compensation<br />

in or after the accounting period for<br />

which the expenditure under the same paragraph<br />

was incurred, the amount of the property thus<br />

received up to the amount of the expenditure<br />

under the same paragraph shall not be included<br />

in the gross income in computing the income for<br />

the accounting period in which the corporation<br />

received the money or other property.<br />

In Article 19, "paid-up amount" shall be amended<br />

as "the value" and the following one paragraph<br />

shall be added to the same Article:<br />

With regard to the application of the provision<br />

of the preceding paragraph, the value of<br />

the new share shall be the face value or invested<br />

amount; provided, that if the new share<br />

concerned is the share of the amalgamating<br />

corporation which issued the no-par stock due<br />

to amalgamation, such value shall be the a-<br />

26<br />

mount obtained by dividing the increased capital<br />

due to amalgamation (or the amount of capital<br />

at the time of the establishment of the new<br />

corporation, if new corporation was established<br />

due, to amalgamation) by the total number of<br />

the share issued due to the amalgamation conicerned.<br />

In Article 19á"(2) paragraph 1, "the paid-up<br />

amount of new share" shall be amended as "the<br />

paid-up amount for new share"; in paragraph 2<br />

of the same Article, "the book value under the<br />

preceding paragraph" as "the book value to be<br />

given to the old and new shares"; and the following<br />

two Articles shall be added next to the<br />

same Article:<br />

Article 19-(3). In case a corporation has acquired<br />

the share on the following causes in connection<br />

with its owned stock (hereinafter referred<br />

to as "old share" in this Article), the book<br />

value to be given to the old share and the acquired<br />

share (hereinafter referred to as "new<br />

share" in this Article) after the acquisition of<br />

the share shall, if under item 1, be the amount<br />

obtained by dividing the total amount of the<br />

acquisition cost of the old share and face value<br />

of the new share (or the issue price, if the<br />

new share is non-par stock) by the number<br />

of new share acquired for an old share concerned<br />

plus 1, and shall, if under item 2, be the<br />

amount obtained by dividing the acquisition cost<br />

of the old share (if some amount are deemed to<br />

be the amount received as dividend in accordance<br />

with the provision of Art. 9-(6) par. 2<br />

item,4 of he Law due to he transfer to he<br />

capital account under the same item, the acquisition<br />

cost of the old share plus the amount<br />

deemed to be the amount recieved as dividend)<br />

by the same number:<br />

1. If the issuing corporation of the old share<br />

concerned has distributed its profit in stock;<br />

2. If the issuing corporation of the old share<br />

has transferred its reserve to the capital account<br />

and has issued the share due to the<br />

transfer to the capital account.<br />

In case the issuing corporation of shares held<br />

by another corporation transferred its reserve<br />

under the provision of Art. 16 of the Law to<br />

the capital account but did not issue the share<br />

due to the transfer to capital account, the book<br />

value of the share to be given by a holding<br />

corporation after the transfer shall be the ac-<br />

*quisition cost of the share concerned plus the<br />

amount deemed in accordance with the provision<br />

of Art. 9-(6) par. 2 item 4 of the Law<br />

to be the amount received as dividend of profit<br />

for a share concerned due to the transfer.<br />

Article 19-(4). In case a corporation has acquired<br />

the stock due to the splits or consolidation<br />

of shares (hereinafter referred to as "old share"

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