03.10.2022/65
About the Amendments Made to the Implementation of the Communiqué on State Aid for Investments Based on Projects
The Communiqué on the Implementation of the Decision on State Aid for Investments Based on Projects (2019/1), published in the Official Gazette No. 31970 on 01.10.2022, has been amended by the Communiqué No. 2022/1. The changes made are listed below:
1. With the Communiqué No. 2022/1, a new subparagraph (ç) has been added to Article 3, titled “Definitions,” of the Communiqué No. 2019/1:
“Total fixed asset value recorded in the institution’s assets: The gross amount of economic assets subject to depreciation, as determined by Article 313 of the Tax Procedure Law No. 213 dated 4/1/1961, before any accumulated depreciation is deducted.”
2. The first paragraph of Article 6, titled “Principles of Qualified Personnel Support Implementation,” of the same Communiqué has been amended as follows:
“Qualified personnel support shall commence in the month following the notification of the qualified personnel to the investor, based on the investor’s application, and shall be applied for the duration specified in the Decision on Support, provided that the monthly maximum support amount for each qualified personnel, as determined in the Decision on Support, is not exceeded. The amount to be paid shall be determined by examining the bank account movements, payrolls, and other documents related to the payments made to the qualified personnel during the relevant month, by a sworn financial advisor, and shall be paid in accordance with the results of the prepared report. Rights for periods prior to the inclusion of the personnel as qualified personnel shall not be considered in the determined amount. If the total maximum support amount specified in the Decision on Support is reached, the payments for qualified personnel support will be terminated.”
With this amendment, the conditions for the support payment to qualified personnel have been expanded to include the requirements that the payment be shown on the payroll, made via bank transfer, and verified by a sworn financial advisor’s report. Additionally, it is specified that rights before the personnel are included as qualified personnel will not be considered in the determined amount.
3. The fourth paragraph of Article 9, titled “Principles of Energy Support Implementation,” of the same Communiqué has been amended as follows:
“For the investment expected to benefit from energy support, an independent meter must be used. However, if it is not possible to separate the energy consumption of the facilities using the same meter, and some of these facilities are not included in the investment under the Decision on Support, one of the following options may be applied based on the company’s request:
a) The energy consumption amount and average consumption of the meter for the one-year period prior to the start of the investment under the incentive certificate will be verified by the relevant distribution company. The energy support can be paid as a percentage of the energy consumption amount over the accepted consumption average.
b) If it is determined that the fixed asset investment under the Decision on Support has been partially put into operation or if an application for completion certification is made, the energy consumption corresponding to the ratio of the total fixed asset value registered in the institution’s assets, including ongoing investments, can be paid as energy support. Furthermore, if the necessary conditions are met, the values resulting from inflation adjustment will be taken into account when determining the total fixed asset value recorded in the institution’s assets during this calculation.”
With this amendment, a new criterion has been added to determine the support amount when separate meters cannot be used, as specified in subparagraph (b). According to this criterion, the energy support can be determined based on the ratio of the fixed asset investment amount to the total fixed asset value.
4. Finally, with the amendment to the second paragraph of Article 13, titled “Employer’s Share of Social Security Premium Support,” the requirement for submitting a sworn financial advisor report on additional employment and investment expenses has been added to the existing conditions for benefiting from the employer’s share of social security premium support during partial commencement of operations.
You can access the relevant Communiqué here.
Best regards,
BİLGENER
