Summary: With Law no. 7456 published on the Official Gazette dated 15/7/2023, significant amendments were made to Corporate Tax, Value Added Tax and Special Consumption Tax laws. The Law entered into force as of July 15th 2023.
Significant amendments were made in tax arrangements with the Law on Imposition of Additional Motor Vehicles Tax for the Compensation of Economic Losses due to Earthquakes on 6/2/2023 and Amendment of Some Laws and Statutory Decree no. 375. The amendments under the law can be summarized as follows:
- Additional motor vehicles tax was imposed,
- Corporate tax rate was increased (5 points),
- Corporate tax and value added tax exemption applied for earnings from immovable property sales was removed,
- Partial division of immovable properties was removed,
- Corporate tax exemption applied for income from other investment funds and partnerships was removed,
- Deduction rate applied for earnings from exports was increased to 5 points (previous rate was 1%),
- The Prime Minister’s authorities for determining the Special Consumption Tax were rearranged.
Imposition of Additional Motor Vehicles Tax
For use in meeting the financial need that has arisen to reduce the impacts of the earthquakes in Kahramanmaraş province on 6/2/2023, a one-time additional motor vehicles tax equal to the motor vehicles tax assessed in 2023 was imposed, applicable for vehicles included in tariffs (I), (I/A), (II) and (IV) in Articles 6 and 7 and Provisional Article 8 of Motor Vehicles Tax Law no. 197 and already registered on the date this Law is published, and for vehicles to be registered for the first time until 31/12/2023.
Amendments in Corporate Tax Law
- With the amendments in Article 32 titled “Corporate Tax and Advance Tax Rate” of the Law;
a- General corporate tax rate was increased by 5 points from 20% to 25%,
b- The rate applied on the corporate earnings of banks, companies under Law no. 6361, electronic payment and money institutions, authorized exchange offices, asset management companies, capital market institutions, insurance and reinsurance companies, and pension companies was increased from 25% to 30%.
c- Corporate tax rate applied for exporter companies’ earnings obtained exclusively from exports will be deducted by 5 points. The previous rate was 1%.
- With the amendment in Article 19 titled “Transfer, Division and Change of Shares” of the Law;
Immovable properties were excluded from the scope of partial division. The amendment will enter into force on 01.01.2024.
- With the amendment in Article 5 titled “Exemptions” of the Law with Provisional Article 16;
Exemptions applied for earnings from the sales of immovable properties that companies acquire as of 15.07.2023 was removed. Exemption applied for the sales of immovable properties acquired previously and kept in the assets for at least two years was limited to 25% of the earnings.
- With the amendment in Article 5 titled “Exemptions” of the Law;
Corporate tax exemption applied for “Income from Other Investment Funds and Partnerships” was removed.
Excluding the exemption applied for incomes from venture capital investment fund participation shares and venture capital investment partnership stocks, corporate tax exemption applied for incomes from other investment funds was removed. Such change will be applicable for investment fund participation shares acquired as of 15.07.2023.
Amendments in Value Added Tax Law
With the amendment in Article 17 titled “Exemptions for Social and Military Purposes and Other Exemptions” of the Law;
- Value added tax exemption applied for the sales of immovable properties that companies acquire as of 15.07.2023 was removed.
Amendments in Special Consumption Tax Law
With the amendment in Article 12 titled “Rate or Amount” of the Law;
- The president of the republic’s authorities for determining the Special Consumption Tax amounts of goods in the lists (I) and (III) attached to the Special Consumption Tax Law were rearranged. Accordingly, te authority of “increasing the fixed tax rates applied for the goods in the list (I) up to half of the highest tax amount for each of the goods” was changed as “increasing …. up to five times”. Moreover, the fixed tax rates included in the list (I) or the latest relevant fixed tax rates determined by The President of The Republic are deemed to be redetermined at the rate of change in the last six months in the domestic producer price index, which is announced by the Turkish Statistical Institute in January and June, to be effective from the date such change is announced.