Tuesday, August 26, 2014

Stamp tax in Turkey

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

 

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