İŞ BANKASI 2013 ANNUAL REPORT - page 180

178
İş Bankası
Annual Report 2013
Financial Information and Risk Management
TÜRKİYE İŞ BANKASI A.Ş.
Notes to the Unconsolidated Financial Statements
for the Year Ended 31 December 2013
i.5.3. Provision of credit cards and promotion of banking services applications: The Bank has recognized provisions amounting to
TL 62,797 for the amount which is recognized within the framework of credit card expenses of credit card customers or promotions
for banking services. (31.12.2012: TL 53,443)
i.5.4. According to the decision numbered 11-55/1438-M dated 2 November 2011 of the Competition Board, investigation on some
enterprises in banking sector, including 12 banks and 2 financial services institutions, including the Bank, allegedly violating the
fourth substance of Law numbered 4054 article number 4 by has been finalized. As a result of the investigation, 12 banks including
the Bank have been decided to fine with open to judicial review by the Competition Board. In connection with the investigation,
administrative fine amounting TL 146,656 is foreseen for the Bank. While the Bank assesses that activities related to the subject
to the investigation are compliance with the legislation and with this respective decision, the administrative fine given by the
Competition Board is calculated as TL 109,992 after the discount within the framework of the Misdemeanors Law No. 17 of 5326
Article and was paid to Directorate of Tax Administration with the condition of keeping the legal right including the demand refund
and sue against the related decision. On the other hand, in December 2013, the Bank has appealed to Ankara Administrative Court
requesting stay of execution and annulment of aforesaid decision. The case has not been concluded yet and the Bank has allocated
the full amount of TL 109,992 of provision in the financial statements as at 31 December 2013.
i.5.5. As announced by material event disclosures dated 31 December 2012, an inspection, which is related to payments
(contribution) made by Bank to “Türkiye İş Bankası A.Ş. Mensupları Munzam Sosyal Güvenlik ve Yardımlaşma Sandığı Vakfı “ which is
founded according to Turkish Commercial Law and Civil Law, was conducted by the Bank Tax Audit Committee Inspectors for fulfilling
its obligations within the framework of the Foundation Share and the relevant legislation. As a result of this interview, the amount
of the related liability is a benefit with the nature of wage for the foundation members who work at the period of payment. Thus
the inspection report was prepared with the claim of getting suspended income tax stoppage on payments/stamp duty on behalf of
penalty for the years 2007 and 2008. According to this report, the tax penalty notice with the total amount of TL 74 million (exact
value), which is the calculation of the suspended income tax/stamp duty, was served to the Bank.
Consideration related to subject, the Bank’s implementation comply with the legislation, conclusion that, there is no legal basis has
been reached. Across the country the lawsuit was filed against the mentioned assessments in various tax courts and the cases
brought to the tax courts of the first instance, a part of decision has been decided in against of the Bank, a part of decision has been
decided in favor of the Bank. As of reporting date for a major part of lawsuit, the processes have not been concluded. On the other
hand, while the appeal and protest related with the decisions of Court which are against to Bank has requested by the Bank, the
decisions which are against the administration has requested by the administration and trial is in progress. A portion of these cases
concluded against to the Bank and the other portion of these cases in favor of the Bank.
On the other hand, as announced by material event disclosures dated 19 December 2013, in the current year on the same subject
relating to tax inspection reports 2009, 2010 and 2011 periods suspended for income tax, stamp tax assessments held, and tax
penalties of the notification is in progress at this time. According to this report, total tax and penalty TL 134 million (exact amount)
notified to the Bank as of 11 February 2014. Regarding tax penalties mentioned. Having the right to be open to juridical review, the
Bank has initiated the agreement process after assessment.
Within the scope of these developments, the Bank allocated provisions amounting to TL 209,189 as of 31 December 2013.
i.5.6. Except the provisions which is stated above, other provisions contain provision for expenses, provisions for ongoing lawsuit
and other provisions set aside for miscellaneous reasons.
j.
Information on Tax Liability:
j.1. Information on current tax liability:
j.1.1. Information on tax provision:
Explanations in relation to taxation and tax calculations were stated in section three notes XVIII. The remaining corporate tax liability
after the deduction of the temporary tax amount stands at TL 104,681 as at 31 December 2013.
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