12August2016
New Omnibus Bill With The Purpose of Improving The Investment Climate Has Been Released
Law on Making Amendments to Certain Laws for the Purpose of Improving the Investment Climate, has been issued on the Official Gazette dated 08/09/2016, with the Law Number 6728.
Subject Headings
- Wage payments made to the employees of Regional Management Offices have also been included within the scope of income tax exemption.
- Withholding tax (wage income tax) discount has been brought to the enterprises rendering services abroad.
- Returns submitted separately to the Tax Office and Social Security Insurance, have been merged under "Withholding and Premium and Service Return".
- It is adjudged that, the accrual voucher generated upon the approval of the Withholding Tax, Premium and Service Return shall be shared with the officials, in an electronic environment.
- It is adjudged that, the Withholding Tax, Premium and Service Return is necessarily shall be submitted to the Ministry of Finance.
- Declarations on the missing days periods and the declarations shall be made by the employers which suspends the employment of the insured personnel, have been designated.
- Periods of submission of the documents to the relevant institutions in cases of; disasters and other force majeure events have been designated.
- The right to request information and document, and description of the person to be authorized in submission of information and documents to the Institution have been updated.
- In case the occupational codes are misreported on the Withholding Tax, Premium and Service Return; an administrative fine shall be imposed.
- R&D Discount has been removed from the Income Tax Law.
- Regional Service Center's activity areas have been increased. It has been rendered possible to differentiate the discount rate according to the amounts of earnings.
- It will be possible to forward the certificates of employment in an electronic environment.
- The discount terms to be applied on the Special Irregularity Fine to be imposed on the declarations and forms which are not submitted in due time, have been designated.
- Institute of Invitation to Explanation has been established.
- For the papers on which a proportional rate Stamp Tax Duty shall be imposed, the Stamp Tax Duty shall be received on the basis of one copy.
- No Stamp Tax Duty shall be received in relation to a Contract designed in relation to fee increase.
- No Stamp Tax Duty shall be received from the correction returns.
- Notary Fee shall be collected for only one copy.
- No Notary Fee shall be received from book approval transaction.
- The opportunity of special passport has been brought to officials of the companies, import amount of which are above the designated values.
Wage payments made to the employees of Regional Management Offices have also been included within the scope of income tax exemption.
| Effective date: | 01.09.2016 |
| Description | In Article 23, paragraph 14 of the Income Tax Law No. 193, regional management centers established pursuant to the permission obtained from the Ministry of Economy, of the limited taxpayer employers, the registered offices of which are not in Türkiye, are included within the scope of liaison office. |
| Relevant Law Text | ARTICLE 12 – Law No. 193; a) Article 23, paragraph one; 1) the phrase of "from the highest payment amount paid" in sub-paragraph (11), has been amended as "from the amount paid based on the term of employment". 2) sub-paragraph (14) has been amended as follows. "14. a) Wages paid in foreign currency by the limited taxpayer employers, the registered offices of which are not in Türkiye, to their employees, on the basis of the earnings they obtain outside of Türkiye; b) Wages paid in foreign currency by the limited taxpayer employers, the registered offices of which are not in Türkiye, to the employees they employ exclusively at the regional management centers established pursuant to the permission obtained from the Ministry of Economy within the scope of the business permit of the center, on the basis of the earnings they obtain outside of Türkiye; b) the phrase of "from the highest payment amount paid" in Article 25, paragraph one, sub-paragraph (3), has been amended as "from the amount paid based on the term of employment". |
Withholding tax (wage income tax) discount has been brought to the enterprises rendering services abroad.
| Effective date: | 01/01/2017 |
| Description | Terms for qualifying for the discount, which is given in Türkiye to those entities that are not resident in Türkiye and business places and registered offices of which are abroad, and which is only given abroad, in an amount of 50% of the earnings that they have generated under the following conditions, have been rearranged. Areas of Activity: • Architecture, engineering, design, software, medical reporting, accounting record keeping, call center, product test, certification, data storage, data processing, data analysis • Service enterprises carrying on business in the occupational education areas designated by the Ministry of Finance by receiving the opinion of relevant ministries • Enterprises rendering service in the areas of education and health subject to permission and audit of the relevant ministry Other Conditions: • Support personnel shall be exempted. • 85% of the revenues obtained by the employer from these activities is necessary to be obtained from abroad, and invoices and suchlike documents are necessary to be made out on behalf of the customer abroad. Manner of Application and Term of Discount: • From the tax which is calculated after the minimum living allowance is applied on the basis of the wages that they have paid to the employees they especially employ for these activities, who actually carry out these works, the amount which is found by multiplying the minimum wage for each employee belonging to January of the year in which the activity has been carried out, by the rate in the first income bracket (15%) of the income tax assessment, is set off. • The discount is applied by setting off on the basis of the withholding tax return to be submitted in the relevant term of the following year. |
| Relevant Law Text | ARTICLE 13- The canceled Article 33 of the Law No. 193 has been rearranged as follows together with its title. "Discount for the enterprises rendering service abroad: ARTICLE 33- From the tax which is calculated after the minimum living allowance is applied on the basis of the wages that the employers rendering service in the areas of activity within the scope of the discount in Article 89, paragraph one, sub-paragraph (13) of this Law, and in Article 10, paragraph one, sub-paragraph (ğ) of the Corporate Tax Law No. 5520, dated 06/13/2006, have paid to the employees they exclusively employ for these activities and who actually carry out these Works except for the support personnel, the amount of discount which is found by multiplying the net amount of the minimum wage for each employee belonging to January of the year in which the activity has been carried out, by the rate in the first income bracket of the income tax tariff in Article 103 of this Law, is set off on condition that 85% of the revenue obtained by the employer from these activities is obtained from abroad, and invoices and suchlike documents are made out on behalf of the customer abroad. This discount is applied by setting off the taxes collected in respect of the taxation periods within the year, from the taxes accrued on the basis of the withholding tax return in respect of the taxation periods after the date on which the annual income or corporate tax return in respect of the calendar year are submitted, on condition that the conditions in this article are realized. The Council of Ministers is authorized to decrease the rate of 85% in this article down to 50% or increase the same up to 100% in respect of the areas of service or depending on the amount of earnings, separately or jointly, and the Ministry of Finance is authorized to designate the procedures and principles in relation to the implementation of this article. |
Returns submitted separately to the Tax Office and Social Security Insurance, have been merged under "Withholding and Premium and Service Return".
| Effective date: | 08/09/2016 |
| Description | By combining the withholding tax return and monthly premium and service documents, a new arrangement has been introduced in relation to the reporting of assessments of the taxes levied as well as total of insurance premiums and earnings and number of premium payment days of the insured personnel. Procedures and principles in relation to this arrangement shall be issued by the Ministries of Finance and Social Security. |
| Relevant Law Text | ARTICLE 16 – The following article has been included to come after Article 98 of the Law No. 193. "Withholding and premium and service return: ARTICLE 98/A - Withholding and premium and service return is for the purpose of combining the withholding tax return which is necessary to be submitted in accordance with the tax laws and monthly premium and service document which is necessary to be submitted in accordance with the Social Security and General Health Insurance Law No. 5510 dated 05/31/2006, and the reporting of assessments of the taxes levied as well as total of insurance premiums and earnings and number of premium payment days of the insured personnel. The Ministry of Finance and Ministry of Labor and Social Security are jointly authorized to impose or annul obligations in relation to the submission of the withholding tax return and monthly premium and service document by being combined, to designate those that will be included in the scope separately or jointly in respect of groups, sectors, gross business proceeds, number of employees employed, items of income, and province or district borders, and to designate the form, content and annexes and the applicable period of the withholding and premium and service return as well as the procedures and principles in relation to its application. In submission of the withholding and premium and service return, places and terms specified in Article 98 of this Law are taken into consideration. The Ministry of Finance is authorized to designate the authorized tax office according to regions, provinces, districts, localities and sectors, and the time of submission of the return. References to the withholding tax return and monthly premium and service document made in this Law and other laws, are deemed as references to withholding and premium and service return in cases where these two documents are combined as a single return. |
It is adjudged that, the accrual voucher generated upon the approval of the Withholding Tax, Premium and Service Return shall be shared with the officials, in an electronic environment.
| Effective date: | 08/09/2016 |
| Description | It is indicated that, the accrual voucher belonging to the withholding and premium and service return shall be forwarded in an electronic environment to the taxpayer or the real or legal person that is authorized to send returns in an electronic environment. |
| Relevant Law Text | ARTICLE 18 – The following paragraph has been included to come after Article 28 of the Tax Procedure Law No. 213 dated 01/04/1961. "Based on the return submitted upon the obligation that is brought within the scope of Article 98/A of the Income Tax Law, the accrual voucher that is drawn up in accordance with the Social Security and General Health Insurance Law No. 5510 dated 05/31/2006, is forwarded in an electronic environment to the taxpayer or the real or legal person that is authorized to send returns in an electronic environment." |
It is adjudged that, the Withholding Tax, Premium and Service Return is necessarily shall be submitted to the Ministry of Finance.
| Effective date: | 08/09/2016 |
| Description | It is regulated that the monthly premium and service documents shall continue to be submitted to the Social Security Institution within the legal period in accordance with the Law No. 5510, however, the withholding and premium and service returns shall be submitted to the Ministry of Finance. The monthly premium and service documents necessary to be submitted, belonging to the periods prior to the date on which the withholding and premium and service return has started to be submitted to the Ministry of Finance shall be submitted to the Social Security Institution within the framework of the designated procedures and principles. The amount of the stamp tax for the said return is designated to be TL 37.40. |
| Relevant Law Text | ARTICLE 47 – Law No. 5510, Article 81, paragraph one; a) the phrase of "documentation" in the second sentence of sub-paragraph (ı), has been amended as "documents", and the phrase of "and the withholding and premium and service returns shall be submitted to the Ministry of Finance" has been included into the sub-paragraph to come after the phrase of "to the Social Security Institution within the legal period". b) the phrase of "and the withholding and premium and service returns shall be submitted to the Ministry of Finance" has been included to come after the phrase of "to the Institution within the legal period" in the second sentence of sub-paragraph (i). ARTICLE 52 – the phrase of "to the Institution, and the withholding and premium and service returns shall be submitted to the Ministry of Finance" has been included in the Law No. 5510, additional Article 2, paragraph two to come after the phrase of "monthly premium and service documents shall be submitted", and the phrase of "to the Institution" coming after the phrase of "within the legal period" in the same paragraph has been annulled. ARTICLE 53 – The following additional article has been included into the Law No. 5510. "ADDITIONAL ARTICLE 12 - The monthly premium and service documents necessary to be submitted due to the obligations belonging to the periods prior to the date on which the monthly premium and service document has been combined with the withholding tax return under the name of withholding and premium and service return and has started to be submitted to the Ministry of Finance, are submitted to the Institution, within the framework of the procedures and principles designated by the Social Security Institution." ARTICLE 28- Table No. (1), which is attached to the Law No. 488; … c) the section with the title of "IV. Vouchers and other papers"; 2) paragraph with the title of "2. Returns", sub-paragraph (f) has been amended as follows. "f) Returns generated by submitting in a combined way the monthly premium and service document which is necessary to be submitted in accordance with the Social Security and General Health Insurance Law No. 5510 dated 05/31/2006 as well as the withholding tax return (TL 37.40)." |
Declarations on the missing days periods and the declarations shall be made by the employers which suspends the employment of the insured personnel, have been designated.
Effective date: |
08/09/2016 |
| Description | It is stated that the documents indicating that the insured personnel who are declared not to have been employed and paid a wage within a month have worked less than thirty days, shall be submitted to the relevant institution within the same period in which the monthly premium and service document or the withholding and premium and service return is necessary to be submitted to the institution. The form and contents of the document, and period and method of submission of the same to the institution, shall be designated by the regulations to be issued by the institution. In case the employer does not employ any insured personnel, its obligation to inform the institution of this circumstance within 15 days starting from the date in which it has ceased to employ insured personnel, shall continue. |
| Relevant Law Text | ARTICLE 48 – Law No. 5510, Article 86; a) Paragraph one has been amended as follows. The form, content, annexes, applicable period, and period of submission of and other issues for the monthly premium and service documents necessary to be submitted to the Institution by the employers for those insured personnel who are subject to Articles 4 and 5 of this Law and those insured personnel who are subject to social security support contributions, are designated by the regulations issued by the Institution." a) Paragraph four has been amended as follows. "The documents indicating that the insured personnel who are declared not to have been employed and paid a wage on certain business days within a month have worked less than thirty days, are submitted by the employer within the same period in which the monthly premium and service document or the withholding and premium and service return belonging to the relevant month is necessary to be submitted. The form, content, annexes, applicable period, period of submission, and method of submission of the documents, and business places to submit the documents, the institution that the documents are to be submitted to, and other issues are designated by the regulations issued by the Institution." c) In paragraph five, the phrase "or the withholding and premium and service return" has been included to come after the phrase "monthly premium and service document", and the phrase "or the withholding and premium and service return" has been included to come after the phrase "monthly premium and service document", and the phrase "to the Institution" which comes after the phrase "within the period in which it is necessary to be submitted", and the phrase "by the Institution" which comes after the phrase "information and documents submitted" have been annulled. ç) In paragraph nine, the phrase "or the withholding and premium and service return" has been included to come after the phrase "monthly premium and service document". d) In paragraph ten, the phrase "or the withholding and premium and service return" has been included to come after the phrase "monthly premium and service document", and the phrase "or in the withholding and premium and service return" has been included to come after the phrase "in monthly premium and service document". e) The second sentence of paragraph twelve has been annulled. f) The following paragraph has been included thereafter. "In case the withholding tax return and monthly premium and service document are submitted by being combined, the form, content, annexes, applicable period, and period of submission of and other issues for the return are designated by the joint communique issued by the Ministry and the Ministry of Finance. In case the employer does not employ any insured personnel, it is obliged to inform the Institution of this circumstance within fifteen days starting from the date on which it has ceased to employ any insured personnel." |
Periods of submission of the documents to the relevant institutions in cases of; disasters and other force majeure events have been designated.
Effective date: |
08/09/2016 |
| Description | Periods of submission of the documents to the relevant institutions in cases of disasters and other force majeure events, have been designated. The scope of the existing article has been extended, and the employers that incurred economic losses due to the reasons such as serious disease, severe accident, imprisonment and sabotage have been included. |
| Relevant Law Text | ARTICLE 49 – Article 91 of the Law No. 5510 has been amended as follows together with its title. "Periods of submission of the documents and deferment of documents in cases of disasters and other force majeure events ARTICLE 91 - In case the employers, those insured personnel that are in the scope of Article 4, paragraph one, sub-paragraph (b) of this Law, and those insured personnel that pay their premiums themselves in accordance with this Law, which incurred commercial or economic losses due to disasters such as fire, flash flood, flood, drought, landslide, earthquake, and due to the reasons such as serious disease, severe accident, imprisonment and sabotage, make a claim within three months starting from the date on which the event or disaster has occurred on condition that they have documented this circumstance, and in case in consequence of the investigation to be made, it is understood that they are incapable of paying their premiums, and existing debts owed to the Institution, the due date of payment of which has expired before the date of the above-mentioned event or disaster, and the debts owed to the Institution to be accrued until the end of the third month following the date on which the event or disaster has occurred may be deferred by the Institution up to one year starting from the date on which the event or disaster has occurred. In the cases which are specified in paragraph one, and in cases of events, disasters or force majeure determined jointly by the Ministry and the Ministry of Finance, any information and document necessary to be submitted to the Institution and the applications necessary to be made are deemed to have been submitted or made in due time, on condition that the same are submitted or made within three months following the date on which the event, disaster or force majeure has occurred. In cases of events, disasters or force majeure which are determined by the competent authorities to have affected general life, the Institution is authorized to designate and defer the periods for any information and document necessary to be submitted to the Institution in accordance with this Law, and the applications necessary to be made by the employers, insured personnel and beneficiaries which have incurred direct or indirect losses in the region, province, district or locality in which the general life is affected, and the due date of payment of the premiums and other receivables of the Institution necessary to be paid, notwithstanding the processes in this Law, by taking into consideration the circumstances and developments in the region, province, district or locality in which the general life is affected. In the period in which the debts owed to the Institution are deferred, the lapse of time does not work, and a delay penalty and late fee are not imposed on the deferred part." |
The right to request information and document, and description of the person to be authorized in submission of information and documents to the Institution have been updated.
Effective date: |
08/09/2016 |
| Description | With regard to sending any documents or information to be submitted pursuant to the law No. 5510 on the Internet, electronic and similar environment, in addition to real or legal persons, an authority to give permission to real or legal persons who are authorized with a written contract, and to render those persons as intermediaries, has also been granted. |
| Relevant Law Text | ARTICLE 50 – the phrase of "real and legal persons" in Article 100, paragraph three of the Law No. 5510, in the first sentence, has been amended as "to give permission to real or legal persons as well as real or legal persons who are authorized with a written contract, and to render those persons as intermediaries". |
In case the occupational codes are misreported on the Withholding Tax, Premium and Service Return; an administrative fine shall be imposed.
Effective date: |
08/09/2016 – 01/01/2018 |
| Description | Certain administrative fines to be imposed by the Institution, regulated in Article 102 of the Law No. 5510, shall be updated as of the effective date of this article. An obligation has been brought to declare in the withholding and premium and service return, the occupational codes that are concurrent to the job that the insured personnel are actually carrying out, and to keep the same updated. For the occupational codes that are misreported, an administrative fine shall be imposed. Starting from 1 January 2018, in case the occupational codes are misreported or failed to be reported, an administrative fine shall start to be imposed. |
| Relevant Law Text | ARTICLE 51 – The following sub-paragraphs have been included into Article 102, paragraph one of the Law No. 5510. "m) For each place of business, at which it is understood that gross earnings or services of the insured personnel are not reported in the return which is necessary to be submitted pursuant to Article 86, paragraph thirteen of this Law, which constitutes a basis to premium accrual of the Institution and social security rights of the insured personnel, an administrative fine is imposed; 1) In case the return is the main document, in the amount of one fifth of the monthly minimum wage per number of insured personnel recorded in the return, on condition that it does not exceed twofold of the minimum wage, 2) In case the return is an annex, in the amount of one eighth of the monthly minimum wage per number of insured personnel recorded in each annexed return, on condition that it does not exceed twofold of the minimum wage, 3) In case the annexed return is drawn up ex officio by the Institution pursuant to Article 86, paragraph five, in the amount of half of the monthly minimum wage per number of insured personnel recorded in each annexed return, on condition that it does not exceed twofold of the minimum wage, 4) In case the return is in relation to the insured personnel, for whom it is understood in consequence of a court decision, findings of officials of the Institution appointed for audit and control, or investigations, audits and examinations to be made by the audit officials of other public administrations pursuant to their own legislation, or from the information and documents obtained from banks, circulating capital establishments, public administrations, and institutions and organizations established by law, that their services and earnings have not been reported or have been underreported to the Institution, or only their services have been underreported to the Institution, without taking into account whether the return is a main document or annex, or it is drawn up by the employer or not, for each place of business in the monthly return, a) in the amount of the monthly minimum wage per insured personnel, on condition that it does not exceed threefold of the minimum wage, for public administrations and for those places of business that are obliged to keep books on the basis of balance pursuant to the Tax Procedure Law No. 213, b) in the amount of half of the monthly minimum wage per insured personnel, on condition that it does not exceed twofold of the minimum wage, for those places of business that are obliged to keep other books, c) in the amount of one third of the monthly minimum wage per insured personnel, on condition that it does not exceed the monthly minimum wage, for those places of business that are not obliged to keep books, ç) In case it is understood that only gross earnings are underreported in respect of the insured personnel that are reported from each place of business in the return, without taking into account whether the return is a main document or annex, or it is drawn up by the employer or not, in the amount of the determined gross earnings, on condition that it is not lower than one tenth, and higher than twofold of the monthly minimum wage. n) For each place of business which has misreported in the withholding and premium and service return the occupation name and code which are concurrent to the job that the insured personnel are actually carrying out in the business place, an administrative fine is imposed in the amount of one tenth of the minimum wage per insured personnel, occupation name and code of which have been misreported. |
R&D Discount has been removed from the Income Tax Law.
Effective date: |
08/09/2016 |
| Description | The sub-paragraph/article of the Income Tax Law, which is in relation to R&D Discount, has been annulled. Issues in relation to the R&D Discount in this annulled sub-paragraph shall be regulated in the law No. 5746. |
| Relevant Law Text | ARTICLE 15 – Law No. 193, Article 89, paragraph one; a) sub-paragraph (9) has been annulled. b) In sub-paragraph (13); 1) The phrase "call center and data storage service" in the first sentence, has been amended as "call center, product test, certification, data storage, data processing, data analysis, and occupational training designated by the Ministry of Finance by obtaining the opinion of relevant ministries". 2) In the third sentence, the phrase "and amounts of earnings" has been included to come after the phrase "areas of service". |
Regional Service Center's activity areas have been increased. It has been rendered possible to differentiate the discount rate according to the amounts of earnings.
Effective date: |
08/09/2016 |
| Description | The phrase "call center and data storage service" has been amended as "call center, product test, certification, data storage, data processing, data analysis, and occupational training designated by the Ministry of Finance by obtaining the opinion of relevant ministries". It was possible to make changes in respect of areas of service in the "Discount Rate" with a decree of the Council of Ministers. When determining the discount rate with the phrase of "Amounts of Earnings" included into this article, it will also be possible to make differentiation in respect of the amounts of earnings. |
| Relevant Law Text | ARTICLE 15 – Law No. 193, Article 89, paragraph one; a) sub-paragraph (9) has been annulled. b) In sub-paragraph (13); 1) The phrase "call center and data storage service" in the first sentence, has been amended as "call center, product test, certification, data storage, data processing, data analysis, and occupational training designated by the Ministry of Finance by obtaining the opinion of relevant ministries". 2) In the third sentence, the phrase "and amounts of earnings" has been included to come after the phrase of "areas of service". |
It will be possible to forward the certificates of employment in an electronic environment.
Effective date: |
08/09/2016 |
| Description | With the amended article, arrangements have been made in the "Statement of Employment" section, and it has been rendered possible to send in an electronic environment the applications and application documents necessary to be made to tax offices after the registration processes are completed at the trade registry offices. Since the procedures in the establishment processes shall be able to be made in an electronic environment, it is aimed to complete the employment processes in the quickest way. In the former application, the trade registry certificate obtained from the trade registry office were being submitted to the tax offices, accompanied by the documents requested by the tax offices. |
| Relevant Law Text | ARTICLE 19 – Law No. 213, Article 153, paragraph two; a) The phrase "30th" in the first sentence, has been amended as "27th", and the phrase "in written or in an electronic environment" has been included into the sentence to come after the phrase of "to the tax office". f) The following sentence has been included thereafter. "Procedures and principles in relation to forwarding the application documents in an electronic environment are designated jointly by the Ministry of Finance and the Ministry of Customs and Trade." |
The discount terms to be applied on the Special Irregularity Fine to be imposed on the declarations and forms which are not submitted in due time, have been designated.
Effective date: |
08/09/2016 |
| Description | Special Irregularity Fine to be imposed on the declarations and forms which are not submitted in an electronic environment in due time, shall be imposed at a rate of 1/10 in case the declaration or form is submitted within the first three days following the due time. |
| Relevant Law Text | ARTICLE 21- Repeated Article 355 of the Law No. 213; a) The title has been amended as "Fine for those who abstain from giving information and those who do not comply with the provisions of Articles 256, 257, repeated Article 257, and Article 98/A of the Income Tax Law:". b) The phrase "to the obligations brought pursuant to the repeated Article 257" in paragraph one, has been amended as "to the obligations brought pursuant to the repeated Article 257 and Article 98/A of the Income Tax Law". c) The following sentence has been included to come in the beginning of paragraph six. "Special Irregularity Fine necessary to be imposed in case of non-compliance to the obligation of submitting declarations and forms in an electronic environment, is imposed at a rate of 1/10 in case the declarations or forms are submitted within 3 days starting from the end of the designated periods." |
Institute of Invitation to Explanation has been established.
Effective date: |
08/09/2016 |
| Description | The institute of invitation to explanation has been brought for the taxpayers, in relation to which the tax audit has not been started yet, or which have not been referred to the valuation commission. The taxpayers, about which an advance determination has been made with investigations of the competent authorities regarding that the taxpayer has incurred losses, shall be invited to explanation, and in case the explanation made is deemed sufficient, they shall not be subjected to tax audit and referred to the valuation commission. In case the designated circumstances come true, a tax loss fine of 20% shall be imposed. |
| Relevant Law Text | ARTICLE 22- The canceled Article 370 of the Law No. 213 has been rearranged as follows together with its title. "Invitation to explanation: ARTICLE 370- Taxpayers may be invited to explanation, on condition that no notification has been made until the date of determination about the advance determinations made by the competent authorities regarding that there are some indications denoting that the taxpayer has incurred loss, before their tax audit starts or before they are referred to the valuation commission. Taxpayers that have received the letter of invitation to explanation cannot benefit from the regret provisions in Article 371 of this Law, being limited to the determination which is subject of the invitation. In case an explanation is made within 15 days starting from the date on which the letter of invitation to explanation is received; 1. In case it is understood by the administration in consequence of the explanation made by the taxpayers, that no tax loss has been caused, taxpayers are not subjected to tax audit or referred to the valuation commission in relation to the said determination. 2. On condition that, within 15 days starting from the date on which the explanation is made by the taxpayer; tax returns which have not been submitted are submitted, tax returns which have been submitted in deficiency or incorrectly are completed or corrected, and the taxes, the due dates of which have expired are paid in the same period with a late fee at the rate of the late fee to be imposed to the extent specified in Article 51 of the Law No. 6183 for each month and fraction of delay of payment, a tax loss fine is imposed at a rate of 20% of the lost tax. This circumstance does not constitute and impediment to carrying out the tax audit, and completion of the assessment. In case the advance determinations made within the scope of paragraph one are regarding that the taxpayer might have incurred losses with the actions in Article 359 of this Law, the provisions of this article do not apply. That is to say, for the advance determinations made regarding the act of utilizing documents which are false or misleading in content might have been committed, taxpayers may be invited to explanation, on condition that the amount of documents utilized, which are false or misleading in content, does not exceed 50,000 Turkish Lira in respect of each document, and 5% of total good and service procurements of the taxpayer in the relevant year. The amount in this paragraph is applied by increasing it every year in respect of the previous year, at the rate of the revaluation designated pursuant to this Law. The Ministry of Finance is authorized to designate the kind of advance determination, form and scope of the invitation to explanation, the authority to make the invitation and evaluate the explanation, those who will be invited, information and documents to be used in the explanation to be made, and the procedures and principles in relation to implementation." |
For the papers on which a proportional rate Stamp Tax Duty shall be imposed, the Stamp Tax Duty shall be received on the basis of one copy.
Effective date: |
08/09/2016 |
| Description | For the papers that are made out in more than one copy, the stamp tax shall be received for each copy of those which are subject to lump-sum tax, separately in the same amount, and on the basis of one copy of those which are subject to proportional tax. |
| Relevant Law Text | ARTICLE 23- The first sentence of Article 5, paragraph one of the Stamp Tax Law No. 488 dated 07/01/1964 has been amended as follows. "For the papers that are made out in more than one copy, each copy of those which are subject to lump-sum tax are subject to stamp tax, separately in the same amount, and only one copy of those which are subject to proportional tax is subject to stamp tax." |
No Stamp Tax Duty shall be received in relation to a Contract designed in relation to fee increase.
Effective date: |
08/09/2016 |
| Description | In the contracts for which the tax is received from a maximum amount, in case of amendments aimed at only the increase of the amount, no stamp tax shall be received in relation to the increased amount, on condition that no amendment is made to the other provisions. In addition, in case an amendment to the components of the contract such as amount, party, service, work etc. is in question except for the value, stamp tax shall be received on the basis of the increased amount. |
| Relevant Law Text | ARTICLE 25- The following sentence has been included to come after the first sentence of Article 14, paragraph two of the Law No. 488. In the contracts for which the tax is received from the maximum amount according to paragraph one, in case only the value is increased without any amendment to other provisions, this provision is not applied in relation to the increased value." |
No Stamp Tax Duty shall be received from the correction returns.
Effective date: |
08/09/2016 |
| Description | No stamp tax shall be received from the tax returns submitted for the purpose of correction within the legal period. |
| Relevant Law Text | ARTICLE 28- Table No. (1), which is attached to the Law No. 488; … c) the section with the title of "IV. Vouchers and other papers"; 1) paragraph with the title of "2. Returns", sub-paragraph (f) has been appended with the provision in parenthesis "except for the returns submitted for the purpose of correction within the period for submitting the return, including paragraph (f)), to come after the phrase of "Tax returns:" |
Notary Fee shall be collected for only one copy.
Effective date: |
08/09/2016 |
| Description | For the transactions that are subject to a proportional fee in relation to papers that are made out in more than one copy and which include a particular value, a notary fee is collected for only one copy. |
| Relevant Law Text | ARTICLE 30- The following sentence has been included into Article 38, paragraph one of the Act of Fees No. 492 dated 07/02/1964. "For the transactions which are subject to a proportional fee in relation to papers that are made out in more than one copy and which include a particular value, a notary fee is collected for only one copy." |
No Notary Fee shall be received from book approval transaction.
Effective date: |
08/09/2016 |
| Description | The book approval transactions at the establishment stage of the commercial enterprises, have been taken out of the scope of the notary fees. No notary fee shall be received for the books approved at this stage. |
| Relevant Law Text | ARTICLE 37- Tariff No. (2), which is attached to the Law No. 492, the section with the title of "II- Fixed fees:"; a) Paragraph (3) has been amended as follows. "3. Per each signature in powers of attorney TL 12.40" b) Title of paragraph (4) has been amended as "4. Book approval (except for the approvals made at the establishment stage):" |
The opportunity of special passport has been brought to officials of the companies, import amount of which are above the designated values.
Effective date: |
08/09/2016 |
| Description | In the classification made according to annual average import values; officials of the companies, the annual average import amounts of which are above the value to be designated by the Council of Ministers in the last three years, may be granted a special passport for two years. |
| Relevant Law Text | ARTICLE 7- The following paragraph has been included into Article 14, sub-paragraph (A) of the Passport Law No. 5682 dated 07/15/1950. "In the classification made according to the annual average import values; officials of the companies, the annual average import amounts of which are above the value to be designated by the Council of Ministers in the last three years, may be granted a special passport for two years according to the principles to be designated by the Council of Ministers, even if the time periods specified in Article 53 of the Turkish Penal Code have elapsed; even if they have incurred a penalty of imprisonment or amnesty for a period of one year or more due to an offense committed intentionally; on condition that they have not been sentenced due to the offenses against state security, offenses against constitutional order and the operation of this order, embezzlement, bribery, theft, fraud, forgery, abuse of confidence, fraudulent bankruptcy, collusive tendering, deprived of execution of act, laundering of offense-originated asset values, and smuggling offenses." |
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