Documents specified by stamp tax law are subject to stamp tax. The term
“documents” refers to the documents which are issued by writing on and signing
or putting a mark that may substitute for signature and which can be presented
to improve or indicate an issue and the documents which are prepared in
magnetic environment and as electronic data.
Stamp tax is applied to a wide range of legal documents such as
contracts, agreements, letters of undertaking, deeds of settlement, letters of
cancellation, letters of guarantee, financial statements, returns and
remunerations (payroll).
The taxpayers of the stamp tax are those who sign the documents. The
companies who sign the contract are joint liable for the payment of the stamp
tax. The taxes for the documents issued abroad or in the foreign embassies and
consulates in Turkey are paid by those who present these documents to the
official bodies in Turkey, who transfer or endorse them or who benefit from
their provisions.
Contracts signed outside Turkey may not be subject to stamp tax.
However, such a contract will still be within the scope of stamp tax practice
if one of the following conditions is fulfilled.
·
Presenting to Turkish
authorities (official departments),
·
Providing with a
formality or endorsement,
·
Using (benefiting)
in any way in Turkey.
The base of the stamp tax is the amount stated on the document. In case
the amount is not clearly stated but if it is possible to calculate the value
of the contract from the variables stated in the contract, calculated amount
will be taken into consideration.
The loan agreements with banks or financial
institutions are exempted from stamp duty tax, but the loan agreements with
companies are subjected to stamp duty tax.
The general stamp tax rate applicable to the
agreements is 0.948 %. On the other hand the rate applied to rental agreements and
to payroll receipts are different.
Type of documents
|
Rate and amount
|
Documents related to agreements
|
|
Contract, letter of commitment etc
|
0.948%
|
Rental agreement
|
0.189%
|
Indemnities, Guarantees, etc
|
0.948%
|
Commercial documents
|
|
Certificates of original and country of
origin
|
TL 14.40
|
Balance Sheet (e.g. submitted to Banks)
|
TL 31.80
|
Income statements (same as above)
|
TL 15.40
|
Other documents and returns
|
|
Documents related to salaries, allowance
of residence and business trip
|
0.759%
|
Annual income tax returns
|
TL 41.20
|
Corporate income tax returns
|
TL 55.00
|
VAT returns
|
TL 27.20
|
Withholding tax returns
|
TL 27.20
|
Other tax returns (excluding Stamp Tax)
|
TL 27.20
|
Returns submitted to custom office
|
TL 55.00
|
Social security premium returns
|
TL 20.30
|
No comments:
Post a Comment