Turkish direct taxation system is established out of two main taxes; income tax and corporate tax. An individual is subject to the income tax on his earnings and income, in relation to a company which is subject to corporate tax on its earnings and income. The regulations of taxation for individual income and earnings are provided in the Income Tax Law 1960 (ITL). Likewise, the rules related to the taxation of corporations are contained in the Corporation Tax Law 1949 (CTL). Although each is governed by a different legislation, many regulations and provisions of the Income Tax Law also apply to corporations, especially, in terms of income rudiments and determination of net income.
The income tax is charged on the income of individuals. The term individuals mean human beings. In the application of income tax, partnerships are not considered to be separate entities and each partner is taxed individually on their share of profit. An individual’s income may consist of one or more income rudiments listed below:
- Business profits,
- Agricultural profits,
- Salaries and wages,
- Income from independent personal services
- Income from immovable property and rights (rental income)
- Income from movable property (income from capital investment)
- Other income and earnings without considering the source of income
In general a residency criterion is employed in determining tax liability for individuals. This criterion requires that an individual who has his place of residence in Turkey is liable to pay tax for his worldwide income (unlimited liability). Any person who remains in Turkey more than six months in a calendar year is alleged as a resident of Turkey. However, foreigners who stay in Turkey for six months or more for a specific job or business or particular purposes which are specified in the ITL are not treated as resident and therefore, unlimited tax liability does not apply to them.
Adding up to residency criterion, within a limited scope, nationality criterion also applies apart from of their residency status, Turkish citizens who live abroad and work for government or a governmental institution or a company whose headquarter is in Turkey, are considered as unlimited liable taxpayers. Therefore, they are subject to the income tax on their worldwide income.
Non-residents are only liable to pay tax on their income derived from the sources in Turkey (limited liability). For tax purposes, it is particularly important to determine in which circumstances income is deemed to be derived in Turkey. The provisions of Article 7 of the Income Tax Law deal with this issue. In the following circumstances, the income is assumed to be derived in Turkey.
Income from immovable Property:
- Immovable must be in Turkey;
- Rights considered as immovable must be used or accounted for in Turkey.
Immovable property means real property which includes land buildings, and permanent leasehold rights. Ships, boats, aircraft and other types of transportation vehicles are also regarded as immovable property in the application of the Income Tax Law. Income from immovable property comprises:
- Rental income occurring from the lease land, buildings, and the rights to work mineral deposits, sources and other natural sources including mines, sand and gravel quarries, and property accessory to immovable property; – rental income from fishing place of every kind;
- Rental income from property to immovable property which may be subject to independent leasing;
- Rental income from the right to use any copyright of literary, artistic or scientific work, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience or for the use of or the right to use, industrial, commercial or scientific equipment;
- Rental income from the lease of ships, boats, aircraft and other transportation vehicles.
In computing net income from immovable property, costs related to maintenance, management, renovation and running, and depreciation may be deducted from the gross income on the actual basis; it is also authorized to make a lump-sum deduction instead of actual costs, except for the income from the lease of the rights mentioned above. In such cases, lump-sum deduction is 25 per-cent of the rental income.
Property taxes are paid each year on the tax values of land and buildings at rates varying from 0,1% to 0.3%. In the case of the sale of a property a 1% levy is paid on the sales value by both the buyer and the seller. Property tax returns are filed in every four years and annual taxes are paid in two equal installments, the first being in March, April or May and the second in November.
Phone and Fax:
+90 (212) 256 80 06 - 256 69 80 - 256 65 69
Address: Aydede Cad. No: 4/3, Taksim, Istanbul, Turkey