Tax Evasion Crime Warning for Social Media Ads

Social media ads can create tax bugs
Social media ads can create tax bugs

Hunting. Emre Avşar Warned Social Media Phenomena and Companies; "You can commit the crime of tax evasion, you can get fines for violating the advertising competition law!"

Prof Law Firm Lawyer Att. Emre Avşar warned influencers, phenomena and celebrities who advertise with their followers on social media channels. Including the companies that make the advertisements to these warnings, Av. Emre Avşar drew attention to the Regulation on Commercial Advertising and Unfair Commercial Practices and explained the incorrect practices in Social Media channels regarding both advertising bans and violation of the tax procedure law.

Through short-term "stories", we witness that celebrities direct people to shop from these links by giving them a "consumer perception" by sharing "links", which are the extensions of the product or service's website, instead of openly advertising on social media. This is the popularity of a brand, a service or a product using the popularity of celebrities. kazanSince it has the status of "advertisement", that is, "commercial activity", it will definitely be subject to income tax. This kazanIf the people are not taxed, it can lead both brands and social media celebrities to face huge penalties. In other words, it is highly likely that even the Tax Evasion Crime will occur.

In fact, with a campaign on this subject, Influencers can be unfair and tax-free. kazanA group of social media users claiming to provide money, also started to complain to CIMER by organizing a signature campaign.

Hunting. Emre Avşar's statements and statements are as follows; “Today, traditional advertising & marketing has been replaced by the development of interactive media, especially social media networks. YouTubeWe see that applications such as Twitter, Instagram, Facebook and TikTok are taking over. One of the biggest reasons for this is that brands can reach a wider audience on social media and are relatively less costly and less laborious than traditional advertising activities such as billboards, brochures and TV advertisements.

Brands that develop an integrated advertising strategy with digital transformation also include celebrities with millions of followers, subscribers, YouTubeThey prefer rs, athletes and influencers to advertise their products or services. Consequently, these people can earn an amount of income that we can talk about being serious through social media, which is used as a communication channel.

Of course, there is nothing wrong with making such an advertisement. However, we cannot say that it is correct for these people to pretend to be a normal social media post without making a statement such as “sponsored” or “product promotion” in their own posts while promoting their products or in a field that appears.

When we look at the examples in developed countries, we see that it is stated by the celebrities who share this style in the description part of the sharing that the sharing is an "advertising content". Although this situation is governed by a regulation in our country, unfortunately, the postings with advertising content are made as if they were ordinary shares. So there is no mention of being an advertisement.

According to the Commercial Advertising and Unfair Commercial Practices Regulation numbered 01.01.2015 dated 29232, it should be clearly stated that there is advertising content in the shares that are published on the internet. Failure to comply with this also has serious penal sanctions.

Although there are certain reasons for this, the most important reason is the advertisement obtained within the scope of Tax Law. kazanto avoid taxation.

However, it should be known that the revenues obtained through social media, according to the Income Tax Law No. 193; "commercial kazanç” is accepted.

In other words, the number of followers and popularity of social media celebrities and the effect they have on the product, the popularity of that product or service. kazanIt is done with the intention of climbing. Regardless, such posts are posts that clearly show ad revenue. For this reason, the revenues are made under a contract and kazanPeople must be taxed.

Bu kazanthe "commercial kazanSince it is clearly understood that it is in the ç” status, we can mention that not being taxed would constitute a violation of the Tax Procedure Law. In this case, the possibility of encountering high fines may arise.

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