Law 7338 Amending Tax Procedure Law and Some Laws

LAW ON MAKING

ARTICLE 1 - The following article has been added to the Income Tax Law dated 31/12/1960 and numbered 193, following the repetitive article 20.

“Income tax exemption for earnings determined by simple procedure:

REPEAT ARTICLE 20/A – According to this Law, the earnings determined according to Article 46 of taxpayers whose earnings are determined by simple method are exempt from income tax.”

ARTICLE 2 - The following article has been added to the Law No. 193 after the repetitive article 20.

“Earnings exception in social content creation and app development for mobile devices:

REFERENCED ARTICLE 20/B – Social content producers who share content such as text, images, audio, and video over social network providers on the Internet, and the earnings from these activities of social content producers, and those who develop applications for mobile devices such as smartphones or tablets, through electronic application sharing and sales platforms. earnings are exempt from income tax.

In order to benefit from this exemption, an account must be opened in banks established in Turkey and all revenues related to these activities must be collected exclusively through this account.

Banks are obliged to withhold income tax at the rate of 15% as of the date of transfer, on the amount of revenue transferred to the accounts opened in this context, and to declare and pay in accordance with the principles in Articles 98 and 119 of the Law. No withholding shall be made on this amount within the scope of Article 94.

The taxpayers' earnings or revenues arising from their activities other than the scope of the first paragraph do not prevent them from benefiting from the exception.

Those whose total earnings within the scope of the first paragraph exceed the amount in the fourth income segment of the tariff written in Article 103, and those who do not collect all their income related to the activity according to the conditions specified in the second paragraph, cannot benefit from this exemption. Those who are in this situation are not obliged to make withholding within the scope of the first paragraph of Article 94.

If it is determined that the conditions related to the exception are not met, the tax accrued incompletely is collected together with the default interest by deducting the tax loss penalty.

President, to reduce the rate of withholding in this article to zero for each type of activity separately, to re-determine it by increasing it up to one fold; The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the implementation of the article.

ARTICLE 3 - The following article has been added to the Law No. 193 after the repetitive article 20.

“Exemption of earnings in agricultural support payments:

REPEAT ARTICLE 20/C – Agricultural support payments made by public institutions and organizations are exempt from income tax.”

ARTICLE 4 - The third sentence of the second paragraph of Article 193 of the Law No. 46 has been repealed, the phrase "Those taxed in this way" in the paragraph is "Those whose earnings are determined in this way", the phrase "Taxed in a simple way" in the third paragraph is "Income determined in this way" in the form of "to be taxed according to" in the fifth paragraph, as "it will be subject to", in the sixth paragraph "the things that are paid shall not be taxed in any way in a simple manner." The phrase “the earnings of those who are paid are not determined in any way in a simple way.” was changed to.

ARTICLE 5 - The phrase “or taxed in a simple procedure” in subparagraph (193) of the first paragraph of Article 89 of Law No. 3 was removed from the text of the article and subparagraph (15) was repealed.

ARTICLE 6 - In the first paragraph of Article 193 of the Law No. 92, the phrase "from the beginning of February to the evening of the twenty-fifth day of the following year, if the income consists only of commercial earnings determined in a simple procedure" has been removed from the text of the article.

ARTICLE 7 - Sub-clause (d) of sub-clause (193) of first paragraph of Article 94 of Law No. 11 has been repealed.

ARTICLE 8 - The first paragraph of Article 193 of Law No. 117 has been amended as follows.

“Income tax accrued on the income reported with the annual declaration is paid in two equal installments, in March and July.”

ARTICLE 9 - The first paragraph of the repetitive Article 193 of the Law No. 120 was amended as follows, the second paragraph was repealed, the phrase "six" in the third paragraph was changed to "three" and the phrase "six" in the fifth paragraph was changed to "three".

“Commercial gainers and self-employed persons, to be deducted from the income tax of the current taxation period, in accordance with the provisions of this Law on the determination of commercial or professional income, on the quarterly earnings determined for the first nine months of the relevant accounting period, the tariff in Article 103 is applied to the first income segment. They pay provisional tax. So far; Earnings within the scope of Article 42 and earnings from these works by those who are liable to perform the duty of notary public are not included in the provisional tax base. In the calculation of the provisional tax base, the valuation provisions of the Tax Procedure Law and the discounts and exceptions regulated in this Law are taken into account. The assets at the end of the period can be determined only on the basis of records, if desired, and can be taken into account in the calculation of the provisional tax base.

ARTICLE 10 - Subparagraph (193) of the second paragraph of the repeated article 121 of the Law No. 2 has been amended as follows and the second sentence of the fourth paragraph has been repealed.

"2nd. Provided that it has been finalized within the period specified in paragraph (1), there is no supplementary, ex officio or administrative assessment in tax returns in terms of tax types. does not exceed this condition shall not be deemed to have been violated.),”

ARTICLE 11 - The following provisional article has been added to the Law No. 193 after the provisional article 91.

“PROVISIONAL ARTICLE 92 – Income tax collected by withholding on agricultural support payments made by public institutions and organizations before the effective date of this article, provided that the farmers apply to the tax offices authorized to be levied within the correction time limit and do not file a lawsuit and give up the lawsuits, Tax No. 213. In accordance with the correction provisions of the Procedural Law, it is rejected and returned together with the interest to be calculated in accordance with the provisions of paragraph (112) of Article 4 of the same Law as of the date of collection.

Pursuant to the decisions given before and for which the legal remedy has not been exhausted, regarding the cases abandoned in order to benefit from the provisions of this article, no action is taken, lawsuits filed by the administration are not continued, interest, litigation expenses and attorney's fees are not awarded or paid if they are. The provision of this article does not apply to the extradition requests of those who have a final judgment.

The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the implementation of this article.

ARTICLE 12 - The second sentence of the second paragraph of Article 4 of the Tax Procedure Law dated 1/1961/213 and numbered 4 has been changed as follows.

“The Ministry of Treasury and Finance, when it deems necessary; To establish tax offices and regional data processing centers, including those established electronically, regardless of the taxpayers' workplace and settlement addresses in the address registration system, and to establish branches affiliated to tax offices, to designate tax offices as branches of other tax offices, procedure to determine the authorities, duties and responsibilities of the tax offices, to determine the tax office to which the taxpayers will be affiliated in terms of the jurisdiction of the tax offices, tax types, professions and business groups, the transactions made by the affiliated tax office can be carried out by other tax offices and the transactions made by the tax office are carried out electronically and is authorized to determine the principles.”

ARTICLE 13 - The following paragraph has been added to Article 213 of the Law No. 5, after the fifth paragraph.

“The partners and managers of those who are employed through the procurement of services in the works related to the field of duty of the Revenue Administration, and the partners and managers of those who have received services, must comply with the prohibitions written in this article in terms of the secrets they learned and other matters that should be kept confidential, even if they leave their duties.”

ARTICLE 14 - The following sentences have been added to the second and third paragraphs of Article 213 of the Law No. 97, respectively.

“In this case, the Turkish embassy or consulate or an officer assigned by them makes the notification. The notification, which includes the subject of the notification and the authority by which it was issued, and warning that the notification will be deemed to have been made if no application is made within thirty days, is sent to the addressee by the method permitted by the legislation of that country. When it is documented that the notification has been served to the addressee in accordance with the legislation of that country, the notification shall be deemed to have been made at the end of the thirtieth day if no application is made to the Turkish embassy or consulate within thirty days from the date of notification. If the addressee refrains from receiving the notification documents in case of applying to the Turkish embassy or consulate, the notification shall be deemed to have been made on the date of the report to be drawn up. The document is returned to the authority without waiting.”

“So far, the documents of the tax offices to be notified to the people in foreign countries, the tax office presidencies; In places where there is no tax office, it is sent directly to the Turkish embassy or consulate by the tax offices.”

ARTICLE 15 - The following paragraph has been added to the first paragraph of Article 213 of the Law No. 104, and the following paragraph has been added to the article.

“4. In case the subject of the communiqué made through the announcement relates to taxes or tax penalties of more than 3.600 Turkish liras for each separately, the announcement may also be announced on the official website of the Revenue Administration for tax offices affiliated to the Ministry of Treasury and Finance, and on the official website of the relevant administration for others.

“The Ministry of Treasury and Finance is authorized to increase the amount in subparagraph (4) of the first paragraph up to ten times, to reduce it to zero, to determine the scope, form, time and duration of the announcement and the procedures and principles regarding the implementation of the article.”

ARTICLE 16 - The following paragraph has been added to Article 213 of Law No. 120.

“The Revenue Administration is authorized to authorize the transfer of the correction authority by considering the tax and liability type and the amount subject to the correction separately or together, to allow the correction to be made by the tax offices other than the tax office to which it is affiliated, and to determine the procedures and principles regarding the implementation.”

ARTICLE 17 - In the first paragraph of Article 213 of the Law No. 139, the phrase "in the workplace of the person subject to the examination" was changed to "in the flat", the second paragraph was repealed, the phrase "in this case the examination" in the third paragraph, the "Inspection" in the fourth paragraph. If it is done in the apartment, the phrase "desired" has been changed as "desired", the phrase "to bring to the apartment" as "to present" and the following paragraphs have been added to the article.

“The fact that the examination is carried out in the flat does not prevent the person subject to examination from detecting and carrying out studies at the workplace.

If the taxpayer and tax officer demand and the workplace is available, the examination can also be carried out at the workplace.

The procedures and principles regarding the implementation of this article are determined by the regulation issued by the Ministry of Treasury and Finance.

ARTICLE 18 - Subparagraph (213) of the first paragraph of Article 140 of the Law No. 1 has been amended as follows, subparagraph (2) has been repealed, the phrase “In the presence of” in sub-paragraph (3) has been changed to “In case the inspection is carried out at the workplace” and in the sixth paragraph “ Within the framework of the “Execution of the transactions related to the tax examination in electronic environment, with the arrangement of letters, notifications and minutes in electronic environment”, the phrase was added to come after the phrase.

"one. They notify the subject of the examination in writing the subject of the tax examination and the start of the examination. In addition, they send a copy of the letter to the unit to which it is affiliated and to the relevant tax office.”

ARTICLE 19 - The following article has been added to the Law No. 213 after article 170.

“Notification made by public institutions and organizations:

ARTICLE 170/A – The Ministry of Treasury and Finance, in case the information that taxpayers are obliged to report according to this Law, is notified to the Ministry in writing or electronically by public institutions and organizations, accepts this notification as a notification made by the taxpayers, It is authorized to determine the income element and the types of liabilities, taxes, workplaces and companies, separately or together, and to determine the procedures and principles regarding the implementation.”

ARTICLE 20 - The following article has been added to the Law No. 213 after article 226.

“Attention in electronically kept ledgers:

ARTICLE 226/A – Within the scope of the authority in the third paragraph of Article 64 of the Turkish Commercial Code, obtaining a certificate for the books kept in the electronic environment within the procedures, principles and periods determined jointly by the Ministry of Treasury and Finance and the Ministry of Treasury and Finance. Approval within the procedures, principles and periods determined by the Board of Directors is considered as approval in the implementation of this Law.

If the certificate and approval are not received or made within the determined procedures, principles and periods, the books are deemed not to have been certified.

ARTICLE 21 - The phrase "To this Law" in the third paragraph of Article 213 of Law No. 227 has been changed to "This Law, including those that should be issued as electronic documents".

ARTICLE 22 - In the first sentence of the third paragraph of Article 213 of the Law No. 227, “Taxpayers who do not submit their certification report on time cannot benefit from the right subject to certification.” The phrase “Timely submission of the attestation report is a must.” and the following sentences have been added to the paragraph after the first sentence.

“Insofar as the certification report is not submitted on time, a 60-day deadline is given, provided that it is notified to the taxpayer. If the certification report is not submitted within this period, taxpayers cannot benefit from the right subject to certification.

ARTICLE 23 - The first paragraph of Article 213 of the Law No. 234 has been amended as follows and the following paragraphs have been added to the article.

“First and second class merchants, self-employed people and farmers who are obliged to keep books with those whose earnings are determined in the simple method, those who do not have the obligation to issue documents within the scope of this Law, or the goods they buy from them (except for the goods they buy from farmers that are not taxed in the real procedure), or They issue an expense note that they will sign for the seller. The expense note issued for tax-exempt tradesmen is like an invoice issued by these persons.

“The expense note is issued within a maximum of seven days from the date of delivery of the goods or the date of the service. An expense note that is not issued within this period is deemed to have never been issued.

Provided that they contain the information specified in the second paragraph;

a) The price of the good or service to the seller within the period specified in the fourth paragraph; The bank defined in the Banking Law dated 19/10/2005 and numbered 5411, is the payment institutions authorized within the scope of the Law on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions dated 20/6/2013 and numbered 6493, or the payment institutions authorized within the scope of the Law dated 9/5/2013 and numbered 6475. In case of payment through the Postal and Telegraph Organization Joint Stock Company established in accordance with the Postal Services Law No. XNUMX, the documents issued by these institutions,

b) In the return of the goods purchased within the scope of the Consumer Protection Law dated 7/11/2013 and numbered 6502, to those who have to issue an expense note, the documents issued by these institutions in the return of the amounts to be refunded pursuant to the Law No. 6502, through the institutions listed in subparagraph (a),

c) Documents issued by public institutions and organizations, which are not obliged to issue documents according to this Law, for the works they do or the goods they sell, within the scope of the relevant legislation they are subject to,

It replaces the expense note.

The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the implementation of this article.

ARTICLE 24 - The following paragraphs have been added following the first paragraph of the second paragraph of the second paragraph of Article 213 of the Law No. 242, the phrase "to keep and regulate" in the last paragraph is "to keep, regulate and present" and the phrase "to keep and regulate" should be "kept," and the last sentence of the paragraph, the phrase "partners, managers and employees of those authorized to provide services for any of the issues of creating, signing, transmitting and storing electronic books, documents and records" has been added to come after the phrase "employees".

“Electronic ledger certificate refers to the electronic file approved by the Revenue Administration, containing information in accordance with the standards set by the Revenue Administration regarding the ledgers kept in the electronic environment.

Electronic accounting slip is the whole of electronic records belonging to the accounting slip, which is prepared, signed, kept and submitted electronically in accordance with the standards and content determined by the Revenue Administration, regardless of the form provisions.

ARTICLE 25 - The phrase "or to be presented" has been added to the subparagraph (213) of the first paragraph of Article 257 of the Law No.

ARTICLE 26 - The following paragraph has been added to the first paragraph of Article 213 of the Law No. 261.

“9. The purchase price.”

ARTICLE 27 - The following paragraphs have been added to Article 213 of the Law No. 262.

“The following expenses are also included in the cost price:

a) directly related to the acquisition or increase of the economic value; customs duties, customs commissions, loading, unloading, transportation and assembly expenses,

b) Directly related to the acquisition or increase of the economic value; fees and charges, notary public, title deed, court, valuation, consultancy, commission and announcement expenses,

c) Interest expenses of the loans used in the financing of economic assets and exchange differences related to them; In commodities, until the date the commodity enters the inventories, in other economic assets, the portion of the economic asset until the end of the accounting period in which it is taken into the inventory, and the expenses related to the said loans (Taxpayers are free to import interest expenses and other parts of exchange differences into the cost value or show them among general expenses.),

ç) Storage and insurance expenses until the date the economic asset is taken into stocks or inventory,

d) Expenses arising from the purchase and demolition of an existing building in real estate and the leveling of its land.

Provided that they are directly related to real estates, the grants received until the end of the accounting period in which they are included in the inventory are deducted from the cost value.

Taxpayers are free to import the special consumption tax, non-deductible value added tax, banking and insurance transactions tax and resource utilization support fund related to the acquisition or increase of the economic value (except for commodities) at cost or to show them among the general expenses.

The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the implementation of this article.

ARTICLE 28 - The following article has been added to the Law No. 213 after article 268.

“Purchase price:

ARTICLE 268/A – The purchase price is the purchase price of an economic asset. Other expenses related to the acquisition of an economic asset are not included in the purchase price.

ARTICLE 29 - Article 213 of the Law No. 270 has been repealed.

ARTICLE 30 - The second sentence of the first paragraph of Article 213 of the Law No. 273 has been repealed.

ARTICLE 31 - The title of the repeated article 213 of the Law No. 298 was changed as “Inflation adjustment, revaluation rate and revaluation:” and the following paragraph was added to the article.

“Ç) Income or corporate taxpayers (including collective, common limited liability and ordinary companies) who are subject to full liability and keep books on the balance sheet basis, regardless of the conditions in paragraph (9) of the said paragraph within the scope of subparagraph (1) of paragraph (A) and those who are allowed to keep their records in a currency other than the Turkish currency), as of the end of the accounting periods in which the conditions for making inflation adjustments in paragraph (A) are not fulfilled, they can sell and lease their depreciable economic assets included in their balance sheets (as long as they maintain these qualities). (excluding those subject to buyback or lease certificate issuance) and the depreciation shown in the liabilities of their balance sheet over these, in accordance with the conditions stated below.

1. Currency differences and loan interests (including the corresponding depreciation) added to the cost of economic assets (except for the accounting period in which the financial assets are capitalized) are not included in the scope of revaluation.

2. In revaluation, the values ​​of economic assets and their depreciation, which are determined in accordance with the valuation provisions of this Law and included in the legal book records as of the end of the accounting period in which the valuation will be made, are taken into account. If the depreciation has not been made in any year, the amount to be taken as the basis for revaluation is determined by assuming that these depreciations are fully booked.

3. The values ​​determined according to paragraph (2) of the economic assets and their depreciation are multiplied by the revaluation rate of the year in which the revaluation will be made, and their value after revaluation is found.

In the valuation to be made, the rate specified in paragraph (B) is taken into account as the revaluation rate. For taxpayers assigned a special accounting period, the rate of the calendar year in which the special accounting period begins is taken as basis.

The revaluation rate to be taken as a basis in the valuation to be made as of the provisional tax periods, starting from November of the previous year; It is determined on the basis of the average price increase rate in the Domestic Producer Price Index of the Turkish Statistical Institute in the 3rd, 6th and 9th months compared to the previous 3, 6 and 9-month periods.

4. The increase in the value of economic assets as a result of revaluation is shown in a special fund account in the liabilities of the balance sheet, with the increase in value corresponding to each of the economic assets subject to revaluation being displayed in detail. Value increase is the difference between the net balance sheet asset values ​​of economic assets after revaluation and before revaluation. Net balance sheet asset value expresses the value found by deducting the depreciation written in the liabilities from the values ​​of the economic assets written in the assets of the balance sheet. If depreciation has not been made for economic assets in any year, the value in question is determined by assuming that these depreciations are fully booked.

5. Taxpayers who subject their economic assets to revaluation within the scope of this paragraph continue to depreciate these assets over the values ​​found after the revaluation. The value increases corresponding to each of the revalued items and their calculation methods are shown in detail in the depreciation records.

6. The portion of the value increase amount shown in a special fund account in the liabilities, transferred to another account or withdrawn from the business in any way other than adding to the capital, is subject to income or corporate tax in this period, without being associated with the profit of the period in which this transaction is made. Value increases added to the capital are considered as assets added to the business by the partners. These transactions are not considered profit distribution.

7. In case of disposal of economic assets that are subject to revaluation (such as sale, transfer, retirement, liquidation), the value increases in the corresponding liabilities in a special fund account are treated like depreciation.

8. The revaluation rate of each year can only be taken into account in the valuation of that year. Since the revaluation is not made in any year or the valuation rate is applied low, revaluation cannot be made for the previous periods in the following years.

9. No revaluation is made for the economic assets that became active within the accounting period, in the accounting period in which they became active.

10. In case the conditions for the inflation adjustment specified in paragraph (A) are met before the disposal of the economic assets that are subject to revaluation, inflation adjustment is made in accordance with the paragraph (7) of the aforementioned paragraph. In accordance with the aforementioned paragraph, the revaluation fund under this article is deducted from the equity in the correction of equity items. In addition, capital increases due to the addition of the aforementioned value increase fund to the capital are not considered as capital increases and are not subject to inflation adjustment.

11. In the periods when the conditions for inflation adjustment in accordance with paragraph (A) are met, no revaluation is made pursuant to this paragraph. As of the first accounting period in which the conditions for inflation adjustment specified in the aforementioned paragraph are not met, revaluation can be continued in accordance with the provisions of this paragraph. In this case, the values ​​in the last balance sheet, which have been adjusted for inflation, are taken into account as the basis for the revaluation of economic assets. In the determination of this value, if depreciation for economic assets has not been made in any year, these depreciations are assumed to be fully reserved.

12. In the event that inflation adjustment conditions are re-established pursuant to paragraph (A) after the accounting period revaluated within the scope of this paragraph, economic assets that have been revalued in accordance with the provisions of this paragraph and their depreciation shall be adjusted for inflation, taking into account their final adjusted values.

13. In case the revaluation is not made in any year, revaluation can be made within the scope of this paragraph regarding the next accounting periods.

14. The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the implementation of this paragraph.”

ARTICLE 32 - In the first paragraph of article 213 of the Law No. 315, the phrase "without prejudice to the fourth paragraph of article 320" has been added to come after the phrase "values".

ARTICLE 33 - The following sentence has been added to the first paragraph of Article 213 of the Law No. 318.

“The rates determined separately are valid as of the date of application in the application of the third paragraph of Article 320.”

ARTICLE 34 - The following paragraphs have been added to the article 213 of the Law No. 320 to come after the second paragraph, and the following paragraphs have been added to the article.

“The taxpayers, if they wish, can set aside depreciation for the economic assets (excluding the ones within the scope of the second paragraph) that will be newly recorded in the operating assets, starting from the date they are ready for use, and depreciating on a day basis for the period that the asset remains active for each accounting period. In order to calculate the period in days, the useful life periods determined and announced by the Ministry of Treasury and Finance are multiplied by three hundred and sixty-five.

Taxpayers are free to determine the depreciation period, which is not shorter than the useful lives determined and announced by the Ministry of Treasury and Finance, for economic assets, provided that it is at the same rate for each year. In so far, this period cannot exceed twice the period determined by the Ministry of Treasury and Finance and cannot exceed fifty years. Taxpayers use these preferences as of the end of the temporary tax period when the economic asset is taken into the inventory. The depreciation period and rate determined in this way cannot be changed in the following periods.

“After the depreciation calculation has been started according to the first or third paragraph of this article, this calculation method cannot be abandoned.

The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the implementation of this article.

ARTICLE 35 - The phrase “too small not to be worth litigation and enforcement proceedings” in sub-paragraph (213) of the first paragraph of Article 323 of the Law No. 2 has been changed to “and not exceeding 3.000 Turkish liras” and the following paragraph has been added to the article.

“Taxpayers who keep books on the basis of operating account record their doubtful receivables determined within the scope of the above paragraphs in the expense section of their books, and the amounts subsequently collected from them in the income section of their books in the period they are collected, showing which receivables they belong to.”

ARTICLE 36 - The fourth and fifth paragraphs of Article 213 of the Law No. 328 have been amended as follows.

“By taxpayers who keep books on the basis of balance sheet;

a) If the renewal of the economic assets sold or the acquisition of a similar economic asset is deemed necessary depending on the nature of the business or if a decision is made by the managers of the business and the enterprise is started, in this case, the profit arising from the sale is temporarily in liabilities until the end of the third calendar year following the date of sale. can be held in an account. If the replacement of the sold economic assets or the acquisition of a similar economic asset does not occur within this period, the profit kept in the temporary account is added to the profit and loss account of the third calendar year following the year of sale.

b) Profit held in a temporary account in liabilities is deducted from the depreciation of one or more assets acquired in accordance with the provisions of this Law, including those acquired through financial leasing. After this set-off is completed, the depreciation of the values ​​that remain unamortized continues.

c) If the profit kept in a temporary account in liabilities is more than the depreciable amount of the new assets acquired instead of the sold economic asset, this surplus is added to the profit and loss account of the third calendar year following the year of sale.

ç) In case of termination, transfer or liquidation of the business before the end of the third calendar year following the year of sale, the profit kept in a temporary account in liabilities is added to the profit and loss account of that year.

The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the application of the article.

ARTICLE 37 - The second and third paragraphs of Article 213 of the Law No. 329 have been amended as follows and the fourth paragraph has been repealed.

“By taxpayers who keep books on the basis of balance sheet;

a) If the insurance indemnity received, the replacement of the depreciable economic assets that have been damaged wholly or partially, or the acquisition of a similar economic asset is deemed necessary depending on the nature of the business, or if a decision has been made by the management of the enterprise and the undertaking has been taken, the excess indemnity will be paid to the third party following the date of receipt of the indemnity. may be held in a temporary account, which is passive until the end of the calendar year. If, for whatever reason, the replacement of the damaged economic assets or the acquisition of a similar economic asset does not occur within this period, the excess compensation kept in the temporary account is added to the profit and loss account of the third calendar year following the year in which the compensation is received.

b) The excess of compensation held in a temporary account in liabilities is deducted from the depreciation of one or more assets, including those acquired through financial leasing, in accordance with the provisions of this Law, acquired within the principles of subparagraph (a). After this set-off is completed, the depreciation of the values ​​that remain unamortized continues.

c) If the compensation surplus held in a temporary account in liabilities is more than the depreciable amount of the new assets acquired instead of the damaged economic asset, this surplus is added to the profit and loss account of the third calendar year following the year in which the compensation is received.

ç) In case of termination, transfer or liquidation of the business before the end of the third calendar year following the year in which the compensation is received, the excess of compensation kept in a temporary account in liabilities is added to the profit and loss account of that year.

The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the application of the article.

ARTICLE 38 - Article 213 of Law No. 339 has been changed as follows.

“ARTICLE 339 – For those who have been fined due to tax loss or irregularity and whose penalty has been finalized, from the day following the date of the tax loss penalty until the end of the calendar year in which the penalty is finalized, until the end of the calendar year in which the second year falls from the day following the date of the finalization of the penalty in case of irregularity. In case of reimbursement, the penalty for loss of tax is increased by fifty percent and the irregularity penalty by twenty-five percent. However, the amount of the increase cannot be more than the finalized penalty (in case of more than one finalized penalty, the highest of them in terms of amount).

In the calculation of the five and two-year periods in the first paragraph, the date of finalization of the penalties based on the increase is taken into account.”

ARTICLE 39 - The phrase "(Articles 213 - 352)" in paragraph (6) of Article 215 of Law No. 219 regarding first degree irregularities has been changed as "(Articles 215-219 and 242 repeated articles)".

ARTICLE 40 - The phrase "213th and 353st" in the 1st clause of the first paragraph of the 227rd article of the Law No. 231 was changed as "227, 231 and 234th", the first sentence of the clause (8) of the paragraph was changed as follows, after the first sentence of the paragraph The following paragraph has been added to the paragraph with the following sentence.

“Printing operators who do not fulfill their duty to notify about printing the document within the specified time or make the notification incomplete or incorrectly will be fined a special irregularity penalty of 1.400 Turkish liras.”

“The special irregularity penalty to be imposed in case the notification duty is not fulfilled within the specified time and the notification is made incomplete or incorrectly is applied at the rate of 30/1 if the notification is made within 2 days starting from the end of the determined period or the incomplete or incorrect notification is completed or corrected within the same period. ”

"11th. In the event that the certified public accountant certification report is not submitted within the time specified in the first sentence of the third paragraph of the same article, for the subjects included in the scope of certification pursuant to the repeated article 227 of this Law, the certification report is to be used on behalf of the taxpayer who is required to submit the certification report, provided that it is not less than 50.000 Turkish liras and not more than 500.000 Turkish liras. A special irregularity penalty is imposed at the rate of 5% of the amount subject to the submission condition.”

ARTICLE 41 - The phrase "repeated 213" has been added to the title of the repetitive article 355 of the Law No. 107, to come after the phrase "242/A", and the phrase "repeated 150" to come after the phrase "242" to the first paragraph of the article.

ARTICLE 42 - The phrase "any tax investigation or event" in subparagraph (213) of the first paragraph of Article 371 of the Law No. 2 has been changed to "a tax investigation has been initiated regarding the tax type to which the notified event is related, or the event and the tax type to which it is related", and The following paragraph has been added to the article.

“The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the implementation of the article.”

ARTICLE 43 - The phrase “tax loss penalty” in sub-paragraph (213) of the first paragraph of Article 376 of Law No. 2 has been changed to “tax penalties”.

ARTICLE 44 - The following sentence has been added to come before the phrase "penalties" in the first sentence of the first paragraph of additional article 213 of the Law No. 1, and the phrase "improper and special irregularity with fines exceeding 5.000 Turkish liras" and the second sentence.

“In determining the irregularity and special irregularity penalties that may be subject to reconciliation, the total amount of fines to be imposed on the basis of the act necessitating the penalty is taken into account, and the discount rate in Article 5.000 of the Law is applied with an increment of 376% for irregularities and special irregularities not exceeding 50 Turkish liras.”

ARTICLE 45 - In the first paragraph of the additional article 213 of the Law No. 11, the phrase "and the tax loss penalties to be incurred in relation to these" has been changed as "and the tax loss penalties to be imposed on them, and irregularity and special irregularity penalties exceeding 5.000 Turkish liras" and the following sentence has been added to the paragraph.

“In the determination of irregularity and special irregularity penalties that may be subject to reconciliation, the total amount of penalty to be imposed on the basis of the criminal act is taken into account.”

ARTICLE 46 - The following additional article has been added with the section title to come after the additional article 213 of the Law No. 13.

“CHAPTER FOUR

Mutual Agreement Procedure

Application to the mutual agreement procedure:

ADDITIONAL ARTICLE 14 – Taxpayers may apply to the Revenue Administration in accordance with the provisions of the "Mutual Agreement Procedure" of the agreement, claiming that they are taxed in violation of the provisions of a duly enacted double taxation agreement or that there are strong indications that they will be taxed in this way. Subject to the provisions of the double taxation agreement, this application may also be made through the competent authorities of the other Contracting State party to the agreement.

In cases where taxation can be divided by base or tax differences, the application can only be made for the portion of the total difference that corresponds to the portion of the double taxation avoidance agreements.

In order for the application to be evaluated, it must be made in the time and procedure stipulated in the double taxation agreement. In the event that there is no time for application in the agreement or reference is made to the provisions of the domestic legislation, it is essential that the application be made within three years from the date the taxpayer first became aware of a taxation procedure alleged to be contrary to the provisions of the agreement. In any case, the application period; In the case where the notice is served, tax is accrued in the declaration submitted with reservation, and in case of tax withholding, it ends at the end of the period stipulated in the agreement from the date of the deduction, or when there is no such period, after the completion of three years.”

ARTICLE 47 - The following additional article has been added to come after the additional article 213 of the Law No. 13.

“Mutual agreement procedure and litigation:

ADDITIONAL ARTICLE 15 – Application according to the mutual agreement procedure; suspends the period of filing a lawsuit regarding the tax and penalties assessed and notified within the scope of the application and the tax accrued upon the declaration submitted with reservation.

In the event that the request subject to the application is rejected or an agreement cannot be reached with the competent authority of the other Contracting State, this situation shall be notified to the taxpayer in a letter. The taxpayer may file a lawsuit before the tax court within the remaining period of filing a lawsuit from the date of notification of the said letter. If the period of filing a lawsuit is less than fifteen days, this period is extended by fifteen days from the date of notification of the letter.

ARTICLE 48 - The following additional article has been added to come after the additional article 213 of the Law No. 13.

“Conclusion of the mutual agreement procedure application:

ADDITIONAL ARTICLE 16 – In case the application is concluded by an agreement between the Revenue Administration and the competent authority of the other Contracting State, the situation is notified to the taxpayer in a letter.

Within thirty days from the date of notification of the letter, it is obligatory for the taxpayer to notify the Revenue Administration whether they accept the agreement or not. If the taxpayer does not notify within this period, it is deemed not to accept the agreement reached. If the result of the agreement is not accepted or deemed not accepted, the period of filing a lawsuit starts again after the expiry of the thirty-day period and a lawsuit can be filed before the tax court. If the period of filing a lawsuit is less than fifteen days, this period is extended to fifteen days.

In case the agreement reached between the Revenue Administration and the competent authority of the other Contracting State is accepted by the taxpayer in due time, a mutual agreement takes place and taxes and penalties are adjusted according to the agreement reached. The default interest at the rate of the late fee determined in accordance with the Law No. 6183 on the taxes accrued upon the agreement; It is applied for the period between the normal due date of the tax specified in its own tax laws and the relevant period of the assessment, until the date when the taxpayer declares that he/she accepts the result of mutual agreement.

In case of mutual agreement, no lawsuit can be filed or complaints can be made to any authority regarding the matters agreed upon and the taxes and penalties corrected in accordance with the agreement. The said taxes and penalties are paid within one month from the date of notification of the correction to the taxpayer. If the entire tax and half of the penalties are paid within this period, half of the penalty is reduced.”

ARTICLE 49 - The following additional article has been added to come after the additional article 213 of the Law No. 13.

“The lawsuits filed before the application and the request for reconciliation:

ADDITIONAL ARTICLE 17 – Before the application made by the taxpayer in accordance with the provisions of the additional article 14 of the Law;

a) If he/she has filed a lawsuit, the case shall not be examined by the tax courts before the mutual agreement procedure application is concluded; If it is examined and decided for any reason, the result of the mutual agreement application is taken into account. The result of the agreement is notified to the judicial authorities by the administration. If there is no mutual agreement, the hearing of the suspended case is continued in the tax court.

b) If he has requested for reconciliation, reconciliation is postponed until the conclusion of the mutual agreement procedure application. In so far, if the taxpayer demands to use the right of reconciliation without waiting for the conclusion of the agreement, he is deemed to have abandoned his application, and in the case of reconciliation, he cannot apply for the mutual agreement procedure again, except for the request for correction to the other Contracting State. If there is no agreement, the taxpayer may apply for a mutual agreement procedure again in accordance with the provisions of the additional article 14 of the Law.

ARTICLE 50 - The following additional article has been added to come after the additional article 213 of the Law No. 13.

“Other considerations:

ADDITIONAL ARTICLE 18 – The mutual agreement procedure application made to the Revenue Administration suspends the statute of limitations written in this Law, as of the date of application, for the taxes and penalties subject to the application. In case the result of the agreement is not accepted or deemed not accepted by the taxpayer pursuant to the second paragraph of the additional article 16, the pending statute of limitations continues to run from the day following the date of occurrence of these situations.

In case a correction is required in Turkey according to the result of mutual agreement, the result of the agreement is applied regardless of the statute of limitations provisions of the Law. However, if a period of time is stipulated in the double taxation agreement for the implementation of the agreement result, the provisions regarding this period are reserved.

The taxpayer can withdraw his application at any stage of the process, except for the cases where he accepts the result of the mutual agreement, in this case the stopped statute of limitations continues to run from where it left off. In case the taxpayer withdraws his application, his right to apply under the other provisions of the Law is reserved.

Applying the mutual agreement procedure does not stop the collection of accrued taxes and penalties.

The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the implementation of the mutual agreement procedure provisions.

ARTICLE 51 - The following paragraph has been added to the temporary article 213 of the Law No. 30.

“From the date of entry into force of this paragraph until 31/12/2023 (including these dates), the same paragraph can be used for new machinery and equipment acquired within the scope and conditions specified in the first paragraph. The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the implementation of this paragraph.”

ARTICLE 52 - The following provisional article has been added to Law No. 213.

“PROVISIONAL ARTICLE 32 – Taxpayers who can make revaluation within the scope of paragraph (Ç) added to article 298 reiterated by the Law establishing this article, can apply for the immovables registered in their balance sheets as of the end of the accounting period before the accounting period in which they will re-evaluate for the first time in accordance with the aforementioned paragraph, as well as other depreciable economic assets. They can revalue their assets (excluding real estate and economic assets that are subject to a sell-lease-repurchase transaction or lease certificate issuance, as long as they maintain these qualities) under the following conditions.

a) In revaluation, immovables and other economic assets subject to depreciation and their depreciation are determined according to the valuation provisions of this Law and as of the end of the accounting period before the first revaluation period in accordance with the paragraph (Ç) of the repeated Article 298 of this Law. The values ​​in the legal book records are taken into account. If the depreciation has not been made in any year, the amount to be taken as the basis for revaluation is determined by assuming that these depreciations are fully booked.

b) The values ​​determined according to subparagraph (a) of immovables and other depreciable economic assets and their depreciation are multiplied by the revaluation rate to find their post-revaluation values.

As the revaluation rate to be taken as basis in the valuation;

1. Subjected to inflation adjustment according to subparagraph (A) of reiterated Article 298 of this Law;

i) For the immovables and other economic assets subject to depreciation and their depreciation, the D-PPI value for the last month of the accounting period before the relevant accounting period of the revaluation to be made within the scope of paragraph (Ç) of the aforementioned article is calculated from the date of the said balance sheet. the ratio found by dividing the D-PPI value for the following month,

ii) For immovables and other depreciable economic assets and their depreciation acquired after the latest balance sheet date, the D-PPI value of the last month of the accounting period prior to the relevant accounting period of the revaluation to be made within the scope of paragraph (Ç) of the aforementioned article is the month in which they are acquired. The ratio found by dividing the D-PPI value for the following month,

2. Previously, provisional article 31 of the Law;

i) For immovables subject to revaluation until the date in the first paragraph and their depreciation, the D-PPI value for the last month of the accounting period before the relevant accounting period for the revaluation to be made within the scope of paragraph (Ç) of the reiterated Article 298, is determined by the Dİ-PPI value for May 2018. -The ratio found by dividing the PPI value,

ii) For the immovables and other depreciable economic assets subject to depreciation and their depreciation, the D-PPI value for the last month of the accounting period prior to the relevant accounting period for the revaluation to be made within the scope of the (D) paragraph of the repeated Article 298 until the date in the seventh paragraph. , the ratio found by dividing the D-PPI value for June 2021,

are taken into account. D-PPI phrase to be taken into account in accordance with this paragraph; It expresses the producer price index (PPI) values ​​determined by the Turkish Statistical Institute for each month as of 1/1/2005, and the domestic producer price index (D-PPI) values ​​as of 1/1/2014.

c) The increase in the value of immovables and other economic assets subject to depreciation as a result of revaluation shall be shown in a special fund account in the liabilities of the balance sheet, showing the value increases corresponding to each of the real estates subject to revaluation and other depreciable economic assets. Value increase is the difference between the net balance sheet asset values ​​of real estates and other depreciable economic assets after revaluation and before revaluation. Net balance sheet asset value represents the value of immovables and other depreciable economic assets written in the assets of the balance sheet, by deducting the depreciation written in the liabilities.

Taxpayers who revaluate their immovable and other depreciable economic assets within the scope of this article continue to depreciate them over the values ​​found after the revaluation.

The tax calculated at the rate of 2% over the value increase amount shown in a special fund account of the passive, is declared to the tax office to which you are affiliated in terms of income or corporate tax with a declaration until the end of the month following the date of revaluation, and the first installment is within the period of filing the declaration, and the following installments are declared in the declaration. It is paid in three equal installments, in the second and fourth months following the delivery period. Tax paid under this paragraph; It is not deducted from income and corporate tax, and it is not accepted as an expense in determining the income and corporate tax base. If the declaration is not made on time or the accrued tax is not paid on time, the provisions of this article cannot be utilized.

The portion of the value increase amount shown in a special fund account in the liability, which is transferred to another account or withdrawn from the business in any way other than adding to the capital, is subject to income or corporate tax in this period, without being associated with the profit of the period in which this transaction is made.

In the event that real estate subject to revaluation and other economic assets subject to depreciation are disposed of, the value increases shown in a special fund account in the liabilities are not taken into account in determining the income.

Within the scope of this article, revaluation can be made only once, prior to the revaluation to be made pursuant to paragraph (Ç) of the repeated Article 298 of this Law. Taxpayers who make a revaluation within the scope of this article, but who do not revaluate within the scope of paragraph (Ç) of the repetitive article 298 for the accounting period after the accounting period to which the revaluation is relevant, cannot make a revaluation within the scope of this article in the revaluation they will make within the scope of the aforementioned paragraph in the following periods.

Before the disposal of the immovables and other depreciable economic assets subject to revaluation within the scope of this article, in the event that the conditions for making inflation adjustment in accordance with paragraph (A) of the aforementioned article are met, without revaluation pursuant to the (Ç) paragraph of the repeated Article 298 of this Law. Inflation adjustment is made in accordance with the aforementioned article by deducting the value increase fund from equity.

The Ministry of Treasury and Finance is authorized to determine the procedures and principles regarding the implementation of this article.

ARTICLE 53 - The phrase "investment monitoring and coordination departments" has been added to the first paragraph of Article 1 of the Stamp Duty Law No. 7 dated 1964/488/8, following the phrase "special provincial administrations".

ARTICLE 54 - In the paragraph (488) of the section titled "IV - Papers related to commercial and civil affairs" of the table numbered (2) attached to the Law No. 36, after the phrase "Export of capital market instruments" and "Capital Markets dated 6/12/2012 and numbered 6362" Within the scope of Article 31/B of the Law, the following paragraph has been added to the section with the phrase "On the guarantees subject to this issue, including to which the guarantee manager is a party."

“55. Papers drawn up between the relevant administration and the donors regarding the donations to be made to general and special budget administrations, special provincial administrations, investment monitoring and coordination departments, municipalities and villages.

ARTICLE 55 - The phrase "taxed in a simple way" in sub-paragraph (a) of paragraph (25) of Article 10 of the Value Added Tax Law dated 1984/3065/17 and numbered 4 was changed to "their earnings are determined in a simple way" and I have "repeated 20/XNUMX of the same Law". “Delivery and services subject to income taxed within the scope of article B” has been added.

ARTICLE 56 - The words "one fold" in sub-paragraphs (b) and (c) of paragraph (6) of Article 6 of the Special Consumption Tax Law dated 2002/4760/12 and numbered 2 are "tripled" and in subparagraph (c) "goods The phrase ” has been changed to “creating different base groups for goods, base groups of goods, motor power”.

ARTICLE 57 - To the list numbered (II) in the annex of the Law No. 4760,

a) 8701.20 GTİ.P. The following sequence has been added to precede the line with the item numbered.

"

"

b) 87.03 GTİ.P. The following lines have been added with the ratios shown opposite them to come before the “-Others” line of the numbered row.

"

"

c) 87.04 GTİ.P. The following line has been added with the ratio shown in front of the “-Others” line of the numbered row.

"

"

ARTICLE 58 - In the sixth paragraph of Article 19 of the Banking Law dated 10/2005/5411 and numbered 143, the phrase “the calendar year in which they were established, including the establishment transactions, and during the following five years” and “the amounts to be collected under any name, Expense No. 6802 The phrase “from the bank and insurance transactions tax payable in accordance with the Taxes Law” has been removed from the text of the article.

ARTICLE 59 - The following paragraph has been added after the first paragraph of the first paragraph of the first paragraph of Article 13 of the Corporate Tax Law No. 6 dated 2006/5520/10.

“This rate is applied as 75% for the portion of the cash capital increases covered by cash brought from abroad.”

ARTICLE 60 - The following paragraph has been added to come after the seventh paragraph of article 5520/A of the Law No. 32 and the other paragraphs have been supplemented accordingly.

“(8) 10% of the amount determined by the application of the investment contribution rate to the investment expenditure made on the basis of the investment incentive certificate, is accrued, excluding the special consumption tax and value added tax, provided that the corporate tax return is requested until the end of the second month following the month in which it should be submitted. It can be used by canceling other tax debts. The amount that can be claimed for cancellation cannot be more than half of the amount found after deducting the amount of investment contribution used through reduced corporate tax from the amount of contribution to the investment earned. It is accepted that the investment contribution amount corresponding to one fold of the amount used through the cancellation of other tax debts is waived, and the corporate tax at a reduced rate is not applied to the tax base due to the amount requested to be canceled from other taxes and the investment contribution amounts abandoned. The total amount that can be deducted from other tax liabilities within the scope of this paragraph cannot be more than 10% of the amount calculated by applying the investment contribution rate to the investment expenditures actually made within the scope of the relevant investment incentive certificate.

ARTICLE 61 - The phrase "5/12/2019" in subparagraph (b) of the first paragraph of Article 7194 of the Law on the Amendment of the Digital Service Tax dated 375/52/1 and numbered 1 and Some Laws and the Decree-Law No. 2022 is replaced by the phrase "1/1/2023". ” has been changed.

ARTICLE 62 - This Law;

a) Articles 1, 4, 5 and 8 on the date of publication, to be applied to the earnings obtained as of 1/1/2021,

b) On the date of its publication, to be applied to the earnings obtained as of 2/1/1, Article 2022,

c) On the date of publication, to be implemented as of the declarations to be submitted regarding the taxation period of 9, Article 2022,

ç) On the date of publication, to be applied in the annual income and corporate tax returns, which must be submitted as of 10/1/1, Article 2022,

d) Article 15 on 1/6/2022,

e) Articles 17 and 18 on 1/7/2022,

f) At the beginning of the month following the publication of Article 23,

g) Articles 31, 52 and 58 on 1/1/2022,

ğ) Articles 46, 47, 48, 49 and 50 on the date of publication to be applied to the applications to be made as of 1/1/2022,

h) The provision of Article 55 of the Law No. 193 pertaining to the repetitive Article 20/B will be applied to the deliveries and services subject to taxable earnings within the scope of the said article as of 1/1/2022, and the other provision on the date of publication,

ı) On the date of publication, Article 59 of this Law, to be applied to the cash capital increases to be made within the scope of this article,

i) On the date of publication, to be applied to the investment expenditures to be made as of 60/1/1, Article 2022,

j) Other articles on the date of publication,

comes into force.

ARTICLE 63 - The President of the Republic executes the provisions of this Law.

25/10/2021