NO TAXES, DUTY AND REVOLVING CAPITAL FEES WILL BE CHARGED IN THE SALES TRANSACTIONS OF SHAREHOLDING AGRICULTURAL LANDS

Law No. 7255 on Making Some Arrangements in the Field of Food, Agriculture and Forestry, amending the Law No. 5403 on Soil Conservation and Land Use, was published in the Official Gazette dated 04.11.2020 and entered into force. Article 19 of the Law No. 7255 and Article 8/I of the Law No. 5403 have been amended and exemptions from taxes, fees and revolving fund fees have been introduced for the sale transactions of the agricultural lands with shareholding.

One of the biggest problems in agricultural lands in our country is the problem of shareholding. There are thousands of shares in square meters and square centimeters in agricultural lands. Although the owners want to sell these shares, these shares cannot be sold because the tax and revolving fund fees are higher than the land value. With the new regulation made in Law No. 5403, in case of sale of shares below the minimum agricultural land sizes (20 decares in absolute agricultural lands, marginal agricultural lands and special crop lands, 5 decares in planted agricultural lands and 3 decares in greenhouse cultivation lands) to shareholders; taxes, fees and revolving funds will not be charged. With this regulation, the reduction of shareholding and the agreements between the shareholders were encouraged. In order to benefit from this exemption, the sold share must be below the minimum size value according to the land class and the entire share must be sold to one or more shareholders at the same time.