TURKISH TAXATION SYSTEM CORPORATE TAX: Taxable Income: The corporate tax is levied on the income and earning derived by corporations and corporate bodies. The income elements by Corporate Tax Law are the same as those covered in the Income Tax Law. In other words, the Corporate Tax Law sets provisions and rules applicable to the income resulted from the activities of corporations and corporate bodies, whereas the income Tax Law deals with the income derived by individuals. Corporations and corporate bodies specified by the Law as taxpayers in respect to the corporate tax are as follows: - Capital companies and similar foreign companies; - Cooperatives; - Public enterprises; - Enterprises owned by foundations societies and associations; - Joint ventures. Tax Liabilities: According to the Corporate Tax Law, those legal entities covered by the law, which their legal head office situated in Turkey, or the place of effective management in Turkey are taxed on their world-wide income (unlimited liability). By specifying two criteria the law intends to prevent any problem, which may arises in determining tax liability. The term legal head office, as used in the context of the Corporate Tax Law, means the office specified in the written agreements of the mentioned entities. Therefore, it is not difficult to as certain where the legal head office of a company is located. However, the place of effective management, which is defined as the place in which the business activities are concentrated and supervised, is not easy to determine in some cases. As may be expected, the Law defines the term limited tax liability quite parallel to term unlimited tax liability, as the liability requiring to tax only the income derived in Turkey, provided that both legal head office and the place of effective management are abroad. Determination of Net Taxable Income: In essence, the provisions of the income Tax Law concerning the determination of business profit also applies to the procedure required in determining corporate income. Basically, net corporate income is defined as the difference between the net worth of assets owned at the beginning and at the end of the fiscal year. In addition to the expenses mentioned in article 40 of Income Tax Code allowed to be deducted from revenues, the followings may also be deducted regarding to the determination of business profit, by corporations:
- expenses related to the issuance of stocks and shares; - initial organization and establishment expenses; - expenses incurred for general board meeting as well as expenses made for mergers dissolutions, and liquidations; - in case of insurance companies, technical reserves required for the insurance contracts still valid at date of inventory; - profits shares accrued to active partners of partnerships in commendams limited by shares; - profit shares accrued to partners by participation banks for participation accounts; - research and development deductions calculated as %40 of new technology and know-how research expenses realized within business. In determining net corporate income, the following deductions are not allowed: - interests paid or accrued on the basis of equity; - interest, exchange difference and other costs paid or accrued on the basis of disguised capital; - disguised earning distributed by transfer pricing; - any kind of reserves; - the corporate tax, fines, tax penalties and late payment penalties and interest.; - leased or registered motor vehicles depreciation and other expenses not related with business activities; Corporate Tax Return: Like income tax, the corporate tax is also assessed on the base declared through tax returns filled annually by taxpayers. Tax returns contain the results of related taxation period. In principle, every taxpayer is required to file only one single tax return, even if he has derived the income through different business places or branches and those places and branches have their own accounting and allocated capital. The corporate tax return is filled until the 25th day evening of the fourth month of the year following the month in which the fiscal year ends and the assessed taxes are paid until the end of that month. However, if a limited liable taxpayer leaves the country for sure the corporate tax return has to be submitted to the authorized tax office in the 15 days preceding. In such case, taxes are paid in the same period of time as forth for the declaration. If the income earned by the foreign companies which are subject to the limited liability in respect to the corporate tax, consists of capital gains and non-recurring income discussed in the preceding sections (except for income earned from sale and transfer of intangible rights like license, know-how, and royalty), then the income is declared to the authorized tax offices those taxpayers (or the persons acting on behalf of them) in the fifteen days after the income has been earned. This procedure is called "special declaration".
If there is no presence in Turkey, withholding tax will generally be charged on income earned; for example income earned from sale and transfer of intangible rights like license, know-how, and royalty, income from movable and immovable property and income from independent professional services provided in Turkey. However, if there is an avoidance of double taxation treaty, reduced rates of withholding tax may apply. Tax Rates: Corporate income tax is applied at 20 % rate on the corporate earnings. Taxpayers (only for income from commercial activities and agriculture in limited tax liability cases) pay provisional tax at the rate of corporate tax, these payments are deducted from corporate tax of current period. INDIRECT TAXES: Value Added Tax (VAT): The VAT rates vary between 1% - 18% but it's generally applied as 18%. VAT payable on local purchases and on imports is regarded as "input VAT" and VAT calculated and collected on sales is considered as "output VAT". Input VAT is offset against output VAT in the VAT return filed at the related tax office by the 20th of the following month. If output VAT is in excess of input VAT, the excess amount is paid to the related tax office. On the contrary, if input VAT exceeds the output VAT, the balance is carried forward to the following months to be offset against future output VAT. There is no cash refund to recover excess input VAT, except for exportation. There is also a so-called reverse charge VAT mechanism, which requires the calculation of VAT by resident companies on payments sent abroad. Under this mechanism, VAT is calculated and paid to the related tax office by the Turkish company on behalf of the foreign company. The local company treats this VAT as input VAT and offsets it in the same month. This VAT does not create a tax burden for the Turkish and the non-resident company, except for its cash flow effect. Withholding Tax: Under the Turkish tax system, certain taxes are collected through withholding by the payers in order to secure the collection of taxes. These include income tax on salaries of employees, lease payments to individual landlords, independent professional service fee payments to resident individuals, and royalty, license and service fee payments to non residents. Companies in Turkey are responsible to withhold such taxes on their payments and declare them through their withholding tax returns.
Stamp tax: Stamp Tax applies to a wide range of documents, including but not limited to, contracts, agreements, notes payable, letters of credit and letters of guarantee, financial statements and payrolls. Stamp duty is levied as a percentage of the value stated on the document at rates ranging from 0.15% to 0.75%. The Stamp Tax Law provides that each relevant party shall be responsible for payment of the total amount of stamp tax on the agreements. Each original document is separately subject to stamp tax. Motor vehicle tax: The subject of the tax is motor vehicle. Taxable event is registration of the motor vehicles in the traffic, municipality and docks. Taxpayers are real and legal persons who have motor vehicles that are registered to their own names in the traffic, municipality and docks register and the civilian air-vehicle register maintained by the Ministry of Transportation. Tax is assessed and accrued annually in the beginning of January. The motor vehicle taxes are paid in two equal installments, in January and July, every year. Motor vehicles are classified into four categories in terms of motor vehicle tax: - List 1 : cars, special utility vehicles and motorcycles, - List 2: minibuses, panel vans, motorized caravans, busses, pickups, trucks etc. - List 3 : yacht-cutter and all sorts of motor ships - List 4 : planes and helicopters The amount of Motor Vehicle Tax for land transportation vehicles is determined according to their weight, age, cylinder capacity and the fuel used and for 2006 it ranges from 36 YTL to 10.988 YTL for cars and 121 YTL to 1.647 YTL for buses, trucks and the like. Banking and Insurance Transactions Tax (BITT): The subject of the tax is transactions and services produced by banks, bankers and insurance companies. Taxpayers are banks, insurance companies and bankers. All transactions and services produced by banks and insurance companies. There will be the tax upon the money, which they collect under the name of interest, commission and expenditure because of the services they produced on behalf of them. Bankers certain transactions and services
produced and stated in Law are the subject of the tax. Other transactions of bankers are subject to VAT. Banks and insurance companies are exempt from VAT, but are subject to BITT at a rate of 5%, which is due on the gains of such companies from their transactions. The purchase of goods and services by banks and insurance companies is subject to VAT but is considered as an expense or cost for recovery purposes. Foreign exchange transactions are subject to 0.1% BITT. Taxation period in BITT is each month of the calendar year. Taxpayers declare their taxable transactions up to the evening of the 15th day of the following month. Gambling Tax : The subject of the tax is betting, lotteries and other forms of gambling. Taxpayers are composers of gambling activities and Gambling Tax is calculated by applying fixed or specific rate of tax. Taxation period in Gambling Tax is each month of the calendar year. Taxpayers declare their taxable transactions and pay the accrued tax up to the evening of the 20th day of the following month. Inheritance and Gift Tax: Items acquired as gifts or through inheritance are subject to a progressive tax rate ranging from 10% to 30% and 1% to 10%, respectively, of the item's appraised value. Tax paid in a foreign country on inherited property is deducted from the taxable value of the asset. Inheritance and Gift Tax is payable in biannual installments over a period of 3 years. Property Taxes: Property taxes are paid each year on the tax values of land and buildings at rates varying from 0,1% to 0.3%. In the case of the sale of a property a 1% levy is paid on the sales value by both the buyer and the seller. Property tax returns are filed in every four years and annual taxes are paid in two equal installments, the first being in March, April or May and the second in November. Communication Tax: All types of installation, transfer and telecommunication services given by mobile phone operators are subject to 25% Special Communication Tax. The tax base for Special Communication Tax is the same as the Value Added Tax base. Mobile phone operators will declare the communication tax on the VAT returns and pay the accrued tax by the 15th day of the following month.
Education Contribution Fee: Transactions and certain documents stated in the related law are subject to Education Contribution Fee in different amounts. Education Contribution Fee is taken as a fixed levy according to the document or the transaction. Education Contribution Fee is a temporary fee applicable until 31 December 2010. Customs Duty : Goods imported from abroad are the subject of the tax. Taxable events are free circulation of goods, registration of customs declaration, and temporary importation in case of partial exemption. Taxpayer is principally person who declare to the customs office. Customs duties are assessed on written declaration by the taxpayer and paid within 10 days dating from communication. Fees: There are different types of fees: Judgment Fees, Notary Fees, Tax Judgment Fees, Title Deed Fees, Consulate Fees, Ship and Harbor Fees, Permit of License and Certificate Fees, Traffic Fees, Passport, Visa and Ministry of Foreign Affairs. Certification Fees. Special Consumption Tax: Goods in the Lists attached to the Special Consumption Tax Law are the subject of the tax. For goods in the Lists, Special Consumption Tax is charged only once. There are mainly 4 different product groups that are subject to special consumption tax at different tax rates List I is related to petroleum products, natural gas, lubricating oil, solvents and derivatives of solvents. List II is related to automobiles and other vehicles, motorcycles, planes, helicopters, yachts. List III is related to tobacco and tobacco products, alcoholic beverages and cola. List IV is related to luxury products. The Taxpayers of the Special Consumption Tax Taxpayers are different according to the lists. They are; For List I; manufacturers and importers of the petroleum products, For List II; merchants of motor vehicles, exporters for using or sellers through auction For List III; manufacturers, exporters or sellers through auction of tobacco, alcoholic beverages and cola. For List IV manufacturers, exporters or sellers through auction of luxury product