GNDO Legal/ Gündüz Özgenç Attorney Partnership > Istanbul, Turkey > Firm Profile
GNDO Legal/ Gündüz Özgenç Attorney Partnership Offices
Muzaffer Tugsavul Sokak
58/5, Sisli
Turkey
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GNDO Legal/ Gündüz Özgenç Attorney Partnership > The Legal 500 Rankings
Turkey > Tax Tier 3
GNDO Legal/ Gündüz Özgenç Attorney Partnership is well-regarded for its in-depth experience in complex, multi-jurisdictional tax litigation. The team’s diverse client base spans pharmaceutical, insurance, as well as logistics and tourism entities, and is headed by seasoned litigators Zeki Gündüz and Selçuk Özgenç.Practice head(s):
Zeki Gündüz; Selçuk Özgenç
Testimonials
‘Zeki Gündüz’s deep knowledge and 30+ years of experience makes you feel in good hands. Selçuk Özgenç’s in-depth experience of tax laws and regulations, combined with his ability to devise innovative solutions, makes him an invaluable asset for any individual or business seeking to navigate the intricacies of tax law.’
‘The GNDO Legal team are top specialists in the tax dispute area at the local, as well as the global level. They have a proven track record in assisting on tax audits, negotiating reconciliation processes, legal advice, and tax litigation for more than 25 years in Turkey.’
‘Zeki Gündüz brings rare insights on the inner thinking of tax authorities.’
‘The team is very focused and result-oriented, with broad experience in all legal and tax areas and deep knowledge in special topics.’
‘GNDO Legal is one of the most important firms in the tax law practice and draws its success from the strong background of its partners.’
‘Zeki Gündüz is very professional and trustworthy. He is one of the most reputable tax experts in Turkey.’
‘Their unique blend of expertise, innovation, and dedication to clients sets them apart in the industry, making them a trustworthy partner for all tax-related matters. ’
‘They are very knowledgeable and experienced in all areas of tax law. They have a good command of both practice, legal regulations and theory.’
GNDO Legal/ Gündüz Özgenç Attorney Partnership > Firm Profile
GNDO Legal established by Zeki Gündüz and Selçuk Özgenç, is an Istanbul-based, independent boutique attorney partnership that offers services for tax law disputes in all areas of public and private law.
With his professional knowledge and experience in tax disputes of more than 40 years, Zeki Gündüz is one of the founders and innovative leaders of tax law practices in Türkiye. He has played a pivotal role in ensuring legal certainty for clients with innovative and unique solutions in both domestic and cross-border tax transactions for many leading local and foreign clients.
Having strived to create value added quality without compromising the requirements of the rule of law throughout his career, Zeki Gündüz aims to continue his pioneering role in tax law practice with Selçuk Özgenç, with whom he shares the same goals and values following his departure from his position, which he has carried out with pride and success for 30 years, at PwC Türkiye.
Gündüz & Özgenç provides services to domestic and foreign clients in a wide variety of sectors, with the experience and knowledge provided by international and national management duties, in resolving tax and customs disputes at the administrative and judicial stage.
Gündüz & Özgenç works in the fields of international tax structuring, asset management, mergers and acquisitions, valuation, transfer pricing, and the digital economy, as well as tax controversy and dispute resolution.
Its diverse team of consultants is particularly experienced in complex and multi-layered tax problems. In this context, it complements its services with support services. Support services consist of tax/customs inspection services, tax criminal law services, peer review services, second opinion services, tax diplomacy services, file preparation services, and transfer pricing risk assessment.
Main Contacts
Department | Name | Telephone | |
---|---|---|---|
Tax | Zeki Gündüz | zeki.gunduz@gndolegal.com | 00 90 212 211 1180 |
Tax | Ayhan Selçuk Özgenç | selcuk.ozgenc@gndolegal.com | 00 90 212 211 1180 |
Lawyer Profiles
Photo | Name | Position | Profile |
---|---|---|---|
Mr Zeki Gündüz | Founding Partner | View Profile | |
Dr Ayhan Selçuk Özgenç | Founding Partner | View Profile |
Languages
Turkish English GermanMemberships
İstanbul Bar AssociationInternational Capabilities
GNDO Legal is identified by clients as the best and most user-friendly to work with when matters involve international aspects, that require our lawyers to consider, manage and advise on issues which are going on across different countries and jurisdictions.
Diversity
Equality, transparency, and inclusiveness are integral parts of our business processes. We believe that encouraging these qualities, which form the basis of teamwork, is very important for the sustainability of our firm in the long run.
We aim to create clear career paths and opportunities for everyone by ensuring that our employees have the chance to develop, express their views and ideas, grow, and see their careers realized within the office.
This enables us to offer innovative solutions to our customers’ most complex problems by leveraging the different perspectives of our diverse business environment.
Client Testimonials
“Att. Zeki Gündüz and Assoc. Prof. Dr. Ayhan Selçuk Özgenc whose is co-founder of Gündüz & Özgenç Attorney Partnership provides qualified legal and consultancy services on tax disputes with its wide range of knowledge. They make quickly, clearly and justified returns on the issues that are requested from them and their determinations are assisting us in decision-making process. Their accumulation of knowledge, especially knowledge of tax sector practices and adding their academic experience to the issues, make their practice qualified and make them different from other competitors. In addition to all these, being able to communicate effectively and being accessible, makes their practice unique”.
“Att. Zeki Gündüz and Assoc. Prof. Dr. Ayhan Selçuk Özgenc have been providing services related to tax law for our Company. As far as Turkish law system is concerned, this is an area that is exposed to rapid changes and complexity. Their expertise along with their intensive precision, professionalism and prompt responsiveness have been essential.”
“Our paths crossed with GNDO Legal for a tax dispute we had. We are working together as a result of our evaluation among the best offices in Turkey and are experienced in the field. We have full confidence in their expertise in tax law practice, as they are adept at their job”.
“Att. Zeki Gündüz is a trusted business partner for BAT Turkey in tax law related topics. We are confident that we receive a high quality and practical legal advice in complex matters at all times”.
“We engaged the GNDO Legal firm and have been fully happy with their performance. When it comes to complex legal and tax topics, they are especially extremely professional and precise. Their results were reliable and comprehensive. We highly recommend them”.
Focus On
NEW ADDITIONAL TAX LAW AND TERMS OF ACTION
In terms of Turkish law, an additional tax was introduced for corporate taxpayers with Article 10 (27) of the Amnesty Law No. 7440 published in the Official Gazette dated March 12, 2023, and numbered 32130. The nature of the additional tax, and the conditions and justifications for being sued, are highly controversial in Turkey. The scope and legal results of this tax are discussed in detail below.
The general scope of additional tax
Taxpayer: Corporate taxpayers.
Declaration time: The tax will be declared with the 2022 Corporate Tax Return in April.
Tax Base: Consists of discount and exception amounts from corporate income and reduced corporate tax base.
Tax Rate: 10% general rate and 5% special rate.
5% will be taken over the amounts obtained from the subsidiaries of the corporations and indicated as the participation income exemption in their declarations and the amounts that are obtained from abroad and are exempt from corporate tax since they carry at least a 15% tax burden.
Payment conditions: The first installment will be paid within the corporate tax payment period (April), and the second will be paid in the fourth month following (August).
Exempted Taxpayers: Institutions in earthquake zones are exempt from this tax.
What is the legal nature of the additional tax?
This is a new tax imposition. This tax, put into effect by the legislator, has been regulated by defining some exceptions and deductions of the previous year as a tax base.
Is there any retroactivity in terms of the tax burden?
The Constitutional Court did not find such regulations unconstitutional in terms of retroactivity in similar cases, based on the public interest. However, retroactive tax laws should be evaluated with the concepts of the rule of law, legal security, and predictability. There is a legal precedent, and the court applied the test standards of the principle of proportionality to the retroactive tax regulation.
How can unconstitutionality be claimed?
After the law enters into force, the two political parties with the highest number of members in the Assembly, or one-fifth of the members, will be able to take the matter to the Constitutional Court within 60 days. However, as far as we can see, no objection was made to this regulation in the Parliament. For this reason, we do not expect this regulation to be brought to the judiciary by the parties that have a group in the Assembly or by the members of the Assembly.
Declaration with reservation
Taxpayers can file a lawsuit by making a declaration with reservation, citing the disproportionate and negative impact of the regulation on them in general or on the basis of the principle of equality, legal certainty, predictability, rule of law, and non-retroactivity. If the court finds the allegation of unconstitutionality serious, it can send the matter to the Constitutional Court and terminate its trial according to the decision made there.
If the court does not refer the matter to the Constitutional Court and rejects the case filed upon the reservation, after the legal process is finalized, the matter can be brought to the Constitutional Court within the framework of individual application. Taxpayers may not file a lawsuit even though the tax return was submitted with an objection.
- Tax