Leasehold Transfer

[fran1]

Hi,

sorry to post this again, I know that it was read by 40 people but I did not get any replies. Does any one please know the answer to this, it would vbe really helpful. The company selling the leashold is the well known one in Turg!

the property we have in Turgutreis is currently on a leasehold agreement and we are now wanting to transfer this property into our company. We went to the Belidye to get the 'Raich Bedel' as this shows the new tapu price of 45,000ytl, however the accountant of the company that has our leasehold will only 'sell' us our house for 75,000ytl with us paying their Capital Gains!

This came as a bit of a shock to us as we thought that we would only have to pay the 3% transfer fee!

The question is; can this company refuse to 'sell' us our house if we refuse to 'buy' it for 75,000ytl. We obviously want to buy the house for its current Tapu value as this means we have less taxes to pay for them.

I have also heard that capital gains was not payable when selling and buying between companies.

We have to pay the leasehold company's expenses as we signed for this in the leasehold agreement, so we do not have a choice in this matter.

 

[immac]

You don't say what you paid for the house, as opposed to what is on the Tapu, and when it was bought.

As you describe it, you are not the owner of the house, the accountant/company is; he can sell it to you for whatever price he wants. Unless you have anything else that says different, you don't have any right to buy the lease at any price.

Ian

 

[fran1]

Hi Ian, we paid £67,000 for the house in 2004, the price on the Tapu was 22,500ytl! The current tapu value is 45,000ytl-given to us in August 2007 by the belidye, but the company is saying that the tapu value should be 75,000 and we therefore have to pay their capital gains at this price.

We think that it is a taxation scam as the company was obviously underdeclaring in 2004 and now wants to be seen to be doing the 'right thing' where the tax people are concerned.

 

[immac]

Fran, understandably you are confusing the amount on the Tapu with value; that statement on the Tapu is more like a Rateable Value, not a valuation on the house.

I think they have you over a barrel. The fact that they want to do things right, if your guess is correct, is not surprising as, if the house is shown on their books, they will have to explain it's sale to the tax man and pay tax accordingly.

Ian

 

[ceemac]

Is Murat the accountant Fran?

C

 

[fran1]

No, it is the accountant for the 'you know who' company. We think that we can just tell him to go and get lost and 'buy' the house at the value stated on the Tapu and therefore pay their tax accordingly.

 

[fran1]

Hi Ian, we are paying their tax so to me it should not matter what they sell the house to us for. They could technically just 'give' it to us couldn't they?

Fran

 

[immac]

If that was the agreement, and they were honest, yes.

Ian