193
- Income Tax Law
Article: 1 - Scope
The income tax is levied on the income of individuals (real person).
Income is the gross profit/earnings of an individual (real person) within a calendar year.
Article: 2 - Income
elements
Revenue and earnings regarded as income are;
Unless otherwise stated within this law, real and gross amounts are used to determine the income related with above listed elements.
Article: 3 - Tax Payer
Individuals (real persons) are taxable for their revenues and earnings within and outside Turkey who are;
(Such individuals (real persons) are not taxable for their income provided that their income at the realized country already taxed -income tax or like-)
Article: 4 - Settlement
at Turkey
Individuals (real persons) listed hereunder are regarded as settled down in Turkey;
(temporary leaves does not break duration of stay at Turkey)
Article: 5 - Occasions
regarded as “Unsettled“
Foreigners listed hereunder are regarded as unsettled at Turkey even if they do stay at Turkey for more than six months;
Article: 6 - Tax
Payers and Subject
Individuals (real persons) with “non-resident“ status at Turkey are subject to taxation for their revenues and earnings only from Turkey.
Article: 7 - Acquisition
of earning and revenue from Turkey
Anybody deemed as “limited liability“ tax payers; it is regarded as earnings and revenues are acquired at Turkey with conditions written hereunder,
(It is not regarded as “Revenue is earned from Turkey“ provided that, those who manufactured or purchased goods at Turkey for exportation aim and then after send all commodities to ferign countries without selling at Turkey and those who does not have business office at Turkey even though they fulfill above article conditions)
Proceedings or works that borne this sort revenue or earning should be carried out or benefited at Turkey.
Above used “Benefiting“ term at the 3rd, 4th, 5th and 7th subclauses of this article intent to mean payments that took place at Turkey or if payment done at a foreign country, transferring to the accounts or allocation from the profit of the payer at Turkey or on behalf and account of the receiver.
Article: 8 - Business
Office and Permenant Representative
Business Office written at the 7th Article’s 1st subclause is constituted by the decree of Tax Procedural Law.
Permenant Representative written under the same Article is, dependent to the Represented via a service contract or attorneyship, works at a definite or indefinite term on behalf and account of represented or authorized to process several commercial transactions.
Anybody listed hereunder are regarded as permenant representative without requesting further conditions.
One’s multiple representation of several bodies at the same time does not change “permenant representative“ his/her status.
Article: 18 - At
Self-Employment (Professional Services) Earnings
Revenue earned by author,translator,sculptor, calligrapher,painter,composer,computer programmer and
inventors and their legal successor’s poem, novel,article, scientific research
and analysis, computer software,
interview,caricature,photograph,movie,video,radio and television script and
play like work’s and their broadcast via newspaper,magazine,computer and
internet medium,radio,television and video or sales of book, CD, floppy, picture/photo,
statue, musical note and sale of their invention patent or handing over and
transferral or rental of rights are exempted from Income Tax.
Fees and wages
collected by the appraisal of art works via publication, presentation,
performance and exhibition are also subject to exemption.
Nonessential(occasional)
earning of forementioned revenue does not creat an obstacle to implement
exemption award.
Article: 19 - Investment
allowance exemption on commercial and agricultural earnings
1.Full-liability-tax-payers (ordinary partnership, unlimited liability company and limited company with corporate tax payers) and limited-liability-tax-payers whose commercial and agricultural earnings are calculated as per balance sheet basis can subject their earnings to discount as investment allowance exemption at the determination of tax basis for 40% of the cost price of goods which are purchased or manufactured for their business activities that are subject to depreciation.
Expenses incurred and capitalized for drilling and research activites as per Petroleum and Mine Law could benefit from Investment allowance exemption application.
2. Investment allowance exemption enforcement will start at the year when expenses occured for the goods subject to expemtion and continue until reaching the amount of deduction.
At the determination of tax base related with the year when investment expenses occured, disregarded exemption amount due to insufficient revenue, at the following periods, regarded as per the raise applied with respect to wholesale price index announced by state institute of statistics at that periods.
3. At inflation adjustment applied periods, corrected value at the end of the fiscal term at when asset recording took place for an economic good that is subject depreciation is taken into consideration for calculating investment allowance exemption value.
However, expenses occured at the earlier fiscal periods then the period at which asset-recording took place considered with the adjusted/corrected occured-period-end values.
For the following periods, investment allowance exception is not applicable for the differences resulted from inflation adjustments.
4. It is not possible to calculate Investment allowance exemption for below mentioned economical goods
- Economical goods with a value lower than 5 billion TL. (With cabinet decree numbered 2004/8295, determined value is 10.000 New Turkish Liras. Validity; 01.01.2005. Effective date; 29.12.2004)
(economical goods presenting a unity from technical and economical respects are regarded as “integrated whole“ at the determination of having an exorbitance or not)
-Economical goods which are used before within Turkey or abroad. (except floating docks and boats under the age of 12 years)
-Immaterial rights and special cost prices with an economic life value lower than 5 years
(except computer softwares necessary to operate Investment allowance exemption applied economical goods)
-Appliance,tool,furniture, and office fixed assets which are not directly related with goods and services production.
-economical goods acquired free of cost
-buildings acquired by purchase or buildings under construction (except the one’s constructed for goods and services production)
-lands or plots
-Passenger car and identical land vehicles, yacht,cruiser,boat and so forth motor-sea-vehicles, plane and helicopter like aviation vehicles. (except the one’s related with the principal business activity)
- Economical goods purchased to be used at the abroad investments
5. Tax payers who sold off economical goods subject to investment allowance exemption beginning from the date of asset-recording within two years, lost their right for the application of investment allowance exemption about those economical goods.
In such case, there will be no proceeding for an earlier investment allowance exemption applied/benefited.
6. Tax payers keep their registry/records trackable by the means of year wise calculated and benefited investment allowance exemption values.
7. Ministry of Finance is authorized to determine the procedures and principals for the enforcement of this article.
Article: 20 - Earnings
exemption at education and teaching business
Earnings from the management of private schools giving preschool,primary school,special education and private secondary school education are exempted from income tax for 5 taxing periods under the procedures and principals determined by the Ministry of Finance by means of getting concerned ministries opinion.
Exemption starts at the period of taxation when the schools go into operation.
Article: 21 - Real-estates
and Property Rights
(Clause changed by the 27th article of law
numbered 4369. Validity; 01.01.1998. Effective date; 29.07.1998) 1.500.000.000 (Setted
as legal limit by the 16th article of law numbered 4842. Validity; 24.04.2003.
Effective date; 01.01.2003)Turkish Lira of the revenue earned from renting
buildings for private residence usage within one calendar year is exempted from
Income Tax. (2.600 TL is determined
for the year 2010 as legal limit settled by the Income Tax General Communique with serial no 273)
It is not possible to
benefit from this exemption if revenue earned above legal limit is not declared
or incomplete decleration took place.
One’s with an
obligation of declaring their commercial,agricultural or professional earnings
by yearly declaration forms and one’s whose earnings will be declared by these
can not benefit from this exemption.
Article: 23 - Wages
Wages listed below are
exempted from Income Tax.
(With a condition of not exceeding double of minimum wage allowed)
Article: 32 - Minimum
Living Allowance
(Clause changed by the 2nd article of law numbered 5615 Effective date; 04.04.2007 to be applied on the earnings from 01.01.2008)
Minimum living allowance exemption is applied on the taxation of wages with actual earning basis.
Minimum living allowance exemption; 50% for the taxpayer; for the yearly gross amount of minimum allowed wage applied to workers older than 16 years of age working at the industry segment and valid at the start of the calendar year when the wage is earned, 10% for the wife who is not working and without an income, for the childeren individually; 7,5% for the first two child, 5% for others.
If the income belongs to the partial period, month fractions will be counted as full months and deduction amounts will be in charge corresponding only to that period.
Minimum living allowance is applied by deducting the result of amount determined with this clause multiplied by the rate applied for the 1st segment of the income tax tariff expressed at the 103rd article from the calculated tax amount.
There will be no refund at the cases where the deduction amount is excess.
“Childeren“ expression at the allowance application means, those who did not completed 25 years of age while being educated or those who did not completed 18 years of age staying with tax payer or looked after by the tax payer. (including alimony receivers,adoptive sons, and grand childs lost their mother and father living with tax payer)
Tax payers marital and family status will be considered for the period of income generated at allowance amount determination.
Deduction will be applied; only to either wife or husband for children, each one of family members receiving wage income provided not to exceed the amounts calculated as per the above rates.
For divorced, the number of childeren granted an alimony is taken into consideration when calculating allowence.
(Clause changed by the 2nd article of law numbered 5904. Effective date; 01.01.2009)At taxation of wages, if present, incentive aimed other deductions and exceptions will be taken into consideration after applying living allowance.
Council of Ministers is authorized to increase the rates of minimum living allowance explained at the second subclause or decrease it to the legal rate provided that the allowance amount is not exceeding minimum allowed wages yearly gross total.
Procedures for minimum living allowances application periods, deduction methods, and other matters will be setted by Ministry of Finance.
Article: 36 - Wages
Not Subject To Living Allowance Deduction
Deductions explained at the 31st Article is applied to the tax of highest wage for the professional service provider (self employed) who is receiving several wage payments from various places.
If the self employed has a tax card, the deduction is applied only to the wage received from the employer keeping that tax card.
Deduction is applied to the wage received from the employer who keeps the family status certificate for those (self employed) who are exempted to have tax card as per tax Procedural Law.
Deductions written at the 31st Article does not include limited liability tax payers.
Article: 37 - Definition
of Commercial Earning (Business Income)
All kind of income generated from commercial or industrial activity is commercial earning.
Below mentioned earnings are regarded as business income at the application of this law
Shares received from partnerships profits is regarded as personal commercial earning for Partner’s at general partnerships and for acting partner’s at limited or shared liability partnerships.
Commercial Earning is determined either by Tax Procedural Law awards and by actual (balance sheet or operating account method) or simple method written at this law.
Self-employed professional service providers can import his/her professional service earnings to the management account of private schools and hospitals and kind.
Article: 38 - Determination
of Commercial Income by Balance Sheet Basis
Article: 39 - Determination
of Commercial Income by Operating Account Basis
Article: 40 - Deductible
Expenses
It is
allowed to deduct below listed expenses in order to determine net income:
1. General
expenses for realization and continuation of commercial income; (In addition to
the costs explained at this clause, tax payers dealing with export,construction,repair,erection
and transportation works at abroad are also allowed to deduct expenses
calculated as lump sum corresponding to the costs for performing mentioned
works provided not to exceed 0,5% of income as foreign currency.
2. Food and accommodation expenses, treatment
and medicine expenses, social security premium and retirement pay (those
premiums and retirement payments must be paid without having recovery status
and to insurance companies resident at Turkey or to pension funds having legal
person status), clothing expenses - as discussed at article 27 - of attendant
and employees at business place or premises.
3. Provided to be related with business, costs,
losses, indemnities paid as per contract or court decision or legal order.
4. Travel and accommodation fees proportional
to the work importance and volume related with the business. (Provided to be
limited with the travel objective’s lenght)
5. Costs of vehicles rented or included at the
enterprise and used at work.
6. Provided to be related with enterprise,
building, land, expenditure, consumption, stamp, municipal taxes, compulsory
levy and registration fee like tax in kind, duties and levies.
7. Depreciation reserved as per Tax Procedure
Law awards.
8. Trade union subscription fees paid by employers
as per Trade Union Law awards. (subscription fee’s 1 month value can not exceed
total of daily base wage paid at business place to employees )
9. Contribution fees paid on behalf of
employees for private pension system by employers. (Contribution fees used at
the determination of tax base paid either by employers and employees to private
retirement system can not exceed amounts stated at the 3rd sub clause, first
clause and 63rd Article of this Law)
10. Cost of clothing, fuel for heating,
cleaning and food donated to the associations and foundations as per the
decrees - procedures announced by Ministry of Finance aimed to help poor.
Article: 41 - Non-Deductible
Expenses
Below
listed payments are not allowed to be deducted as expense.
1. Cash or kind values withdrawn from
enterprise by the owner, owner’s wife and children.(Values taken as it is will
be valuated by the cost of similar item and added on to the enterprise owner’s
withdrawal.)
2. Indemnities, commissions, bonuses, wages,
salaries paid from the enterprise to the owner, owner’s wife and children.
3. Interests to be executed for the capital
injected by the enterprise owner
4. Interests to be executed over the current
accounts or other type of receivables for enterprise owner, owner’s wife and children
at the enterprise.
5. Differences against the enterprise borne due
to improper and unmatching real market value and value used at the sale or
purchase of goods violating value of
equal principle for the transaction with related parties by the enterprise
owner are regarded as withdrawn from the enterprise excluding operations listed
between 1st and 4th clauses.
Enterprise owner’s wife, ancestors,
descendants, 3rd level in laws, directly or indirectly related firms, partner’s
of those firms, other firms under the management, supervision and control by
the means if capital are regarded as affiliated.
At the application of this clause, production
and construction, renting or leasing, barrowing and lending money, transactions
require salary,bonus and kind payments are regarded as purchase or sale of good
and services in any case.
Affiliated parties taxation operation will be
corrected if the differences regarded as withdrawn from the enterprise are
calculated at the declared tax base for income or corporate tax by the
affiliated party.Matters not present at this article related with the
affiliated parties and transactions done by those parties are governed by 5520
numbered Corporate Tax Law’s 13th Article.
6. Indemnities borne by the guilt of enterprise
owner and all kinds of monetary fines and tax penalties. (Indemnities deemed
for penal obligation at the subsidiaries are not regarded as penal indemnity)
7. 50% of all advertisement expenses related
with the alcohol and alcoholic beverages in addition to tobacco and tobacco
products. (Cabinet is authorized to increase this rate upto 100% and decrease
it to 0%)
8. Expenses and depreciation allowances set a
side for motorized sea vehicles such as yachts,cutters,boats,speed boats and
aircraft such as planes and helicopters which are acquired through leasing or
which are capitalized by the enterprise but that are not relevant to the main
field of activity of the enterprise.
9. Indemnity expenses arising from the tangible
and intangible damages that have incurred due to illegitimate actions committed
via press or radio and TV broadcast.
At the application of this article, acting
partner of unlimited liability company and ordinary and shared limilted
liability company is regarded as owner.
Article: 42 - Construction
and Repair works extended to calendar years
For
construction (including stripping of soil) and repair works extended to
calendar years, profit and loss is determined as definite and regarded as that
years profit and shown on the same years declaration.
Tax payers for cases related with this article must show
each construction and repair works revenue and expenses at different books or
different pages of the same book and submit their declarations at 25th of March
at the following year of work completion.
Article: 44 - Completion
at Construction and Repair Works
At Construction and repair works, work is
regarded as completed on the approval date of temporary acceptance document by
Owner (Directorate) for cases which temporary and final acceptance applies; actual dismissal or completion date of works
at other cases.
All revenues regardless of name and
expenses incurred related with those works after the completion date are
considered at the calculation of profit and loss of the year which expense and
revenue is realized.
Article: 61 - Description
of Wage
Wage is a
benefit provided by cash in kind and cash, represented by cash, in return of
services performed by employees registered and subject to an employer.
It does not
change the true nature of wage by paying it under the names of
indemnity,allowance, cash compensation (Financial Liability Indemnity),
allocation, increment, advance, remuneration, attendance fee, premium, bonus,
in return of an expense or determined by a particular percent of revenue provided
not to have the attribute of a partnership.
At the application of this law, below mentioned
payments are regarded as wage:
1. Monthly payments to widowed, orphan,
disabled, retirement which are left outside the exception discussed at the 11th
clause of article 23.
2. Other benefits provided by cash or kind in
return of services performed or will be performed in the future.
3.Benefits, cash or kind payments to Turkish
Grand National Assembly, provincial and
municipal council members as well as members of permenant and temporary
council’s established by private laws or administrative decisions, due to those
members capacities.
4. Benefits, cash or kind payments to chariman,
head of executive board and members as well as liquidators due to their capacities
5. Benefits, cash or kind payments to
competition jury members, sport refrees, experts, official arbiters and court
experts
6. Benefits provided and payments done as
transfer fee or other kind to athletes.
Article: 62 - Definition
of Employer
Employers are real or legal persons who recruit
profession experts and employ them for service with order and instruction.
Those
who are obliged to fulfill requirements and process payments listed between 1st
and 6th clauses of Article 61 of Income Tax Law are regarded as employer.
Article: 63 - Real
Wages
Real net amount of wage is the sum left after
deducting below mentioned deductions from payments done in cash or kind of
benefits provided by employer.
1. Legal cuts for 657 numbered Government
Officer Law’s 190th Article, Army Mutual Aid Association and kind public body;
2. Remuneration and premiums paid to the funds described at
the 20th temporary article of Social Security Law Nr. 506 as well as retirement
funds established by Law
3. Provided that the insurance and retirement
agreement must be composed by a insurance or retirement firm resident at Turkey
and business center present at Turkey;premiums and contirbution fees paid to
the individual retirement system by the employees for the paid one’s him/her self,
wife for life,death,accident,disease,disability,unemployment, being
monther,birth and education like personal insurance policies.
Premium,subscription fee or contribution
payments total shall not exceed the 10% of the wage earned at the payment month
(5% for payments done to personal insurance policies other than individual
retirement system) and yearly speaking, minimum allowed wages yearly total.
Cabinet is authorized to increase this rate
upto 20% (10% for personal insurances other than individual retirement system)
and revise the limit provided not to exceed the twice of minimum allowed wages
yearly total.
4. Subscription fees paid to unions by the
employer as per the related laws. (Payment must be certified)
5. At the determination of wages real value,
personal taxes like Income Tax shall not be deducted from the wage.
Wages paid in foreign currency is converted to
Turkish Lira with stock exchange price of the date.
Cash kind aid given to the employee valuated as
per the avrg. retail price at the delivery date and place; benefits generated
by housing and other types as per the market value rent fee or market value of
other benefit.
Article: 64 - Other
Wages
The net wages of below listed employee is 25%
of the minimum allowed wages yearly gross total which is applied for workers
older than 16 years working at industrial sector, valid from the start of the
calendar year.
1. Employees working with tradesman subject to simple
method at income determination;
2. Drivers at special
services;
3. Construction workers paid and employed by
private construction owners;
4. Those working with
the one’s having income from real estate
5. Those presented in this scope by Ministry of
Finance via state council opinion due to
not having the chance of determining real wages.
6. No annual return
is necessary for other wages, if a return is submitted due to other income,
those shall not be imported to the return.
Article: 65 - Definition
of Professional Service Income
All earnings derived from
professional employment activites are professional service income.
Professional
service is performing works for own name and account based on personal work,
occupational or technical knowledge instead of capital.
Due to arbitration works, wages paid to refrees and income borne by professional services
performed by unlimited liability companies, limited partnerships, ordinary
partnerships are all regarded as professional service income.
Article: 66 - Self-Employed
(Professional Service Provider)
Those performing professional
service as routine are regarded as self-employed.
Dealing with other works or
duties in addition to professional service activity does not change this
status.
At the
application of this article:
1. Custom brokers, stock brokerage or agency,
notaries, those liable to perform notary duties;
2. Those does not fitting self-employed
description but having shares from professional service income by gathering
self-employed together and establishing an organization or supply capital to
those or with other conditions.
3. Partners at unlimited liability and ordinary
companies, acting partners at limited partnerships having professional service
activity.
4. Lawsuit agents, consultants, those following
the commercial and occupational works of self-employeds via dealers and establishments
and music artists,
5. Those having occupational activity like
guide,petition writer, health officer, pretomist,midwife with at least
satisfying two of the conditions listed at the tax Procedure Law’s 155th
Article.
Are regarded as self-employed due to those
activites.