Is it legal to convert the amount of mortgage or deposit into rental income?
1- Converting the amount of deposit or mortgage into rental income based on the rate of 1.5% as detailed and history provided below is a completely wrong and outdated procedure.
2- In the note under Article 54 M. AD – approved in 1366 – it was stated:
Note – The rental value of real estate in cases where it must be calculated based on the rental price of similar properties will be determined by the tax inspector of the area where the property is located with the approval of the relevant chief tax inspector, and if there is a difference between the opinion of the inspector and the chief inspector, the opinion of the chief inspector shall be respected “Regulations will be the criteria for action.”
You will notice that according to the above note, the rental value of the subject of similar properties was determined by a “tax auditor with the approval of the chief tax auditor”.
3- Based on the authority from the above note, in 1380, the Tax Affairs Organization issued a circular numbered 4/30/6077/45672 dated 08/08/1380 with the content that the mortgage amount should be converted into income at a rate of 2.5%. to be
4- Eleven days later, the aforementioned organization issued another circular numbered 4/30/6683/48085 dated 08/19/1380 with the content that the 2.5% rate mentioned in the above circular was wrong and the deposit or mortgage amount should be The rate of 1.5% is converted into income.
5- After some time, on 11/27/1380, the Islamic Council passed a law entitled “Amendment of Articles of the Direct Taxes Law”, which Article 19 of this law, the note to Article 54 of Q. M. M. was changed to note 1 by applying amendments and a note was added as note 2 to the said article as follows:
“Comment 2- From the beginning of 2012, the basis for calculating the income subject to real estate rental tax will be the rental value that will be determined by the Real Estate Calendar Commission under Article (64) of this law for the area of cities and villages and based on each square meter.”
6- Considering Note 2 to Article 54, it is clearly clear that the legislator has canceled the procedure mentioned in Note 1 of this article since the beginning of 2012, and instead, the rental value approved by the Real Estate Calendar Commission, the subject of Article 64, is the criterion of action. has known
7- Having said that, the procedure of converting a deposit or mortgage into rental income based on the rate of 1.5% has remained in force until the end of 2013, and subsequently, with the addition of note 2 to article 54 and the implementation of this note from the beginning of 2012, the procedure The conversion of the deposit amount into income has been canceled since the beginning of 2018, and from this date onward, the rental income in mortgage-possession contracts must be determined based on the rental value approved by the Real Estate Calendar Commission and not by applying a 1.5% rate. In addition, since the beginning of 2012, the above-mentioned circulars have been automatically canceled and invalidated due to the contradiction with the provisions of the additional note 2 of article 54.
The summary of the above content is that converting the amount of deposit or mortgage into rental income by applying a rate of 1.5% or any other rate is considered an obsolete and illegal procedure from the beginning of 2012.
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This post is written by amirmaleki67