7 |
TAXES
& COMPULSORY INSURANCE |
|
7.1 |
Basic
property-related taxes |
With regards to
real estate in Turkey, following taxes or compulsory
insurances are in question:
-
Personal income
tax (based on rental income and capital gains)
-
Inheritance and
succession tax
-
VAT (if a commercial
delivery takes place)
-
Real estate
tax (similar to the Council Tax in the UK)
-
Real Estate
Acquisition and Purchase Levy (at the time of purchase
or sale)
-
Stamp Duty (if
a contract with a monetary clause exists)
-
Environmental
tax (collected through water utility bills)
-
Corporate tax
(in case of a commercial transaction of a company)
-
Earthquake insurance
(a nationwide contribution rate is applied)
7.2 |
What
gains can be attained through property? Are
those gains taxed? |
A real estate property may enable
an individual to obtain two types of gains.
Firstly, you can rent it out
and earn rental income. In that case, you are to pay
a personal income tax. Please see the section regarding
tax for more information.
Secondly, the market value of
your asset may rise and hence you can attain a gain.
If you sell out your real property in the four-year-period
following the acquisition date, you shall be subject
to personal income tax based on the difference between
the selling price and the inflation-adjusted acquisition
price.
For sales by individuals after
the 4-year-period following the purchase, no personal
income tax is charged on the gains to be attained.
On the other hand, firms which
are subject to corporate tax are exempt from any corporate
tax relating to the real estate-based gains, real
estate sale-and-acquisition levy, and VAT, if they
sell a real estate that they have owned for at least
two years and add the gaining to their capital.
7.3 |
Taxes
and Compulsory Insurance |
Foreign
nationals and Turkish citizens are no different in
terms of taxes or levies to be charged.
Tax
rates may be updated on a periodic basis. The rates
as of January 1, 2005 are presented below. Please
have a look at
www.gib.gov.tr
for updates and other relevant information.
Annual
Real Estate Tax (a tax similar to the Council tax
in the UK) rates for cultivated land, uncultivated
(for building) land, non-residence-purpose buildings,
and residential buildings are 0.1%, 0.3%, 0.2%, and
0.1%, respectively.
Tax
is calculated on the basis of the declared value of
the asset which could not be less than a threshold
determined by tax authorities. Tax payments are made
in two equal instalments in the period March-to-May
and November each year and those are collected by
the local governments (municipality). The tax base
is annually updated by a coefficient determined by
the Ministry of Finance taking into account the inflation
rate.
The
new owner of a property has to declare the actual
price, which has been paid to the seller, to the municipality
by end-December in the year of acquisition.
Real
Estate Tax of the property in the year of acquisition
is paid by the seller whereas the consecutive years’
taxes are paid by the buyer (new owner).
On
the other hand, the Real Estate Tax rates for properties
in the following provinces (metropolitans) are two-fold
the normal rates stated above.
•
Adana
• Ankara
• Antalya
• Bursa
• Diyarbakir
• Erzurum
• Eskisehir
• G.Antep
|
•
Icel
• Istanbul
• Izmir
• Kayseri
• Kocaeli
• Konya
• Samsun
|
|
7.3.2 |
Real
Estate Sale-and-Acquisition Levy |
Each of buyer and seller is to
pay real estate sale-and-acquisition levy of 1.5%,
based on the declared value of the asset (This value
cannot be less than the threshold determined by authorities).
It is collected in prior to the transfer of ownership
at TAPU office.
On the other hand, for the registry
of a new building constructed on a land, a levy of
1.5% based on the reference value of the asset is
to be paid.
|
7.3.3 |
Inheritance and Succession Tax |
The
transfer of property within Turkey, from one to another
without any payment or by inheritance are subject
to Inheritance and succession tax.
Taxpayer is the person who acquires property by inheritance
or gratis.
Inheritance and succession tax is assessed on the
declaration submitted by taxpayer.
In the case of inheritance, the declaration should
be submitted in four months starting with the date
of death. If the death occurs in Turkey and the taxpayer
is outside of Turkey, the declaration period is extended
to six months. In the case of occurrence of death
and being of taxpayers outside of Turkey, the declaration
period will be again four months. However, when the
death occurs in a foreign country and the taxpayer
is in another foreign country, the declaration period
is extended eight months.
In the case of transfers by gratis, the declaration
should be submitted in one month following the date
of acquisition of the property.
The
tax base is updated annually. There are some discounts
for inheritance to daughters, sons and spouses. In
case a spouse and children including legally adopted
ones are to take over an inherited property, then
an amount of YTL 83,139 is deducted from the tax base
of each person. In case only a spouse is the heir,
the amount of deduction from the tax base is YTL 166,375.
In case of successions without reciprocity (gifts)
the amount of deduction is YTL 1,919.
As
of 1st January 2006 the applicable tax base brackets
and rates are as follows:
|
Tax Base Brackets (Based on the value
of the inherited asset) |
Inheritance
Tax Rate |
Succession Tax Rate (When no reciprocity
exists) |
|
First YTL 130,000 |
1% |
10% |
|
Next YTL 280,000 |
3% |
15% |
|
Next YTL 600,000 |
5% |
20% |
|
Next YTL 1,200,000 |
7% |
25% |
|
Amount above YTL 2,210,000 |
10% |
30% |
Please
note that a levy of 0.9% of the value of the property
is also charged while the inherited property (or the
gift) is being transferred into the name(s) of the
new owner(s) at TAPU Offices.
|
7.3.4 |
Environmental Services Tax (EST) |
For
residential properties, local water suppliers charge
an EST of YTL 0.13 per one m3 of water used.
For
non-residential buildings, the EST is a flat rate
and ranges between TL YTL 13 and YTL 1,537 per year.
The rates for metropolitan cities, on the other hand,
are YTL 0.16 / m3 of water used by residential properties
and a flat rate of YTL 16-to-YTL 1,921 for non-residential
properties.
Depending
on the cylindrical volume or horse power of engine
and date of production of the vehicle, vehicle owners
have to pay an annual tax ranging between YTL 12 and
YTL 24,419 for 2006. Motor Vehicle Tax (similar to
road tax in the UK) is paid in two equal instalments
in January and July.
|
Category |
Amount of Tax (YTL) |
|
Lower Limit |
Upper Limit |
|
Automobile,
motorbike, other |
12 |
10,988 |
|
Minibus, bus, truck, pick-up truck |
121 |
1,647 |
|
Yacht, boat, vessel, ship |
2.43 |
54.94 |
|
Aircraft, helicopter |
2,919 |
24,419 |
Corporate
entities have to pay a tax of 30% of their previous
year profits. The Turkish Government has recently
announced that, the Corporate Tax Rate will be decreased
to 20% for all enterprises. Furthermore, only a corporate
tax rate of 2% for a couple of years will be applied
to the companies which are to make fixed investments
above a certain threshold of several hundred-million
Euros.
General
VAT rate is 18%. However, some goods and services
are taxed at either 1% or 8%.
Commercial delivery of a residential property with
net area up to 150 m2 is subject to a VAT of 1% whereas
commercial delivery of those with more than 150 m2
is subject to a VAT of 18%.
|
7.3.8 |
Special Consumption Tax (SCT) |
Some
goods which have effects on the environment, security
and health, and luxuries such as.
•
Fuels, industrial oils, petroleum products and petro-chemicals,
• Motor vehicles and sea vehicles,
• Beverages and products with tobacco
• A number of goods including caviar, perfumes,
some make-up/cosmetic products, printed materials,
some electrical and electronic devices
are subject to an SCT.
There
is a wide range of transactions on which a stamp duty
is charged. The Stamp Duty rates applied to contracts
in which a monetary clause exists and tenancy contracts
are 0.75% (of the amount stated in the contract) and
0.15% (of the rent), respectively.
|
7.3.10 |
Personal Income Tax |
Main personal income items which are taxed are commercial
income, agricultural income, wages, self-employment
revenues, rent, interest and other
incomes. Personal income tax rates for the year 2006
are shown in the table below. However, Turkish Income
Tax Law exempts some amount of rental income
from residential buildings for individuals annually.
For the year 2006, the rental income up to YTL 2,200
(approximately GBP 940) is exempted from income tax.
Please keep in the mind that if you earn rental income
more than exempted amount and do not declare to local
tax office or under declare, exemption does not apply
and you could face severe penalties.
Cumulative
Income (YTL) |
Income
Tax |
Lower
Limit |
Upper
Limit |
0 |
7,000 |
|
15%
of the income |
7,000 |
18,000 |
YTL
1,050 for the previous slice plus |
20%
of the rest |
18,000 |
40,000 |
YTL
3,250 for the previous slices plus |
27%
of the rest |
40,000 |
-- |
YTL
9,190 for the previous slices plus |
35%
of the rest |
As can be seen above, your rental income and the capital
gain you will attain when you sell out your property
within a four year period following its purchase in
Turkey are subject to personal income tax.
In this regard, you are supposed to declare your annual
rental revenue to the local tax office on an annual
basis whereas you are to immediately declare your
capital gain as soon as a sale subject to personal
income tax is carried out.
Most tax offices do have office automation and internet-based
interactive systems. Thus, you can either
You’re advised to contact a financial advisor
or the local tax office in order to gather information
on when to make the rental income declaration and
to pay the associated tax.
In
year 2006, minimum gross wage for 30 calendar days
is YTL 531 for employees at the age of 16 or more
(The cost to employer is YTL 645.17/employee).
In other words, if you establish a firm and recruit
employees in Turkey, the monthly minimum labour cost
will amount to approximately £260/employee.
Minimum wage is applied nation-wide and updated periodically.
The Minimum Wage Commission composed of the social
partners advices the Government on what the minimum
wage ought to be, and the Government determines the
amount taking into account this advised figure.
According
to Turkish social security laws, self-employed & farmers,
employees (wage earners) and civil servants have to
register to Bag-Kur, SSK, and Emekli Sandigi, respectively.
These are compulsory schemes.
Contribution
rates for these schemes range between 35% and 40%
of the contribution base.
The
main risks covered by these schemes are old-age, disability/invalidity,
health, maternity, mortality, orphanage, widow(ed),
unemployment (for the employed).
Minimum
retirement age for the new entrants is 58/60 (F/M).
Please
note that the Social Security Reform is on the agenda
of the Government and the new law will be enacted
this year.
Please
have a look at
www.csgb.gov.tr,
www.ssk.gov.tr,
www.bagkur.gov.tr, and
www.emekli.gov.tr for further information.
|
7.3.13 |
Earthquake Insurance |
Property
is to be insured by the owner against the earthquake
risks. It is compulsory and a national uniform tariff
is applied.
|
7.3.14 |
Motorists Insurance |
If
you possess a car, you are obliged to buy a motorists
(traffic) insurance. The cost of policy depends on
the cylindrical volume of the engine and the production
date of the vehicle.
7.4 |
Preparation
of wills and transfer of property to the heirs |
Wills prepared by foreign nationals
in their own countries can be executed in Turkey so
as to transfer the ownership of a property to the
individual(s) stated within the wills.
To carry out the property transfer
pursuant to a will, a heir has to gather a court letter
confirming the will from the relevant court of his/her
own country and to have it ratified at the Turkish
Consulate General. Then he/she has to submit that
letter to the relevant court of the province in Turkey
where the property is located. Then, the Turkish Court
issues an official document which allows the transfer.
Finally, the heir presents the document granted by
the Court to the Tapu Office as well as other documents
required for the transfer of ownership.
These transfers are exempt from
any military clearance and the other restrictions
applied to foreign nationals.
Please note that transfer of ownership
of a property to an heir is subject to inheritance
tax. Thus, if the heir sells out his inherited property,
he is not subject to any personal income tax based
on the capital gains.
When a married couple gets divorced
and one of the parties is to transfer the ownership
of his/her property (or a share) into the name of
the other party, then this transaction is not subject
to any tax.
Similarly, in Turkey, subsistence
payments to be made by a divorced party to the other
party are all tax exempt.
Since your UK pensions are already
subject to tax in the UK, they will not be taxed again
in Turkey. Furthermore, such an income is not gained
as a result of a commercial activity carried out in
Turkey. In this regard, you can freely transfer your
pensions to Turkey. You can either have your pension
transferred to your bank account in Turkey or prefer
getting cheques sent to you.
Please note that an average Turkish
household lives on an average monthly income much
less than an average UK pension. Thus, your pension
itself will allow you to have a financially-comfortable
life in Turkey.
7.7 |
Agreements
for the Avoidance of Double Taxation |
Agreements between the Republic
of Turkey and 61 countries (including the UK) for
the Avoidance of Double Taxation can be reached through
the web page of
Revenue
Administration. (Unfortunately in Turkish)
Agreement between the United Kingdom
of Great Britain and Northern Ireland and the Republic
of Turkey for the Avoidance of Double Taxation was
signed on May 9, 1986 and published in the Official
Gazette on November 30, 1988.
The comprehensive agreement has
effect
a) In the United
Kingdom for
i)
Income and Capital Gains Tax from 1989-90,
ii) Corporation Tax from 1 April
1989.
b) In Turkey
from the fiscal year beginning 1 January 1989.
7.8 |
More
information on taxes |
The Office of the Financial
Counselor
at the Turkish Embassy in London is in charge of advisory
services regarding taxes and customs. Furthermore,
the Revenue Administration of Turkey is the regulatory
and supervisory tax authority in Turkey. You are advised
to contact one of those authorities through:
Revenue Administration
Address: Gelir Idaresi Baskanligi
Ilkadim Cad. Dikmen Ankara/TURKEY
Tel: +90-312-415 29 00 (pbx),
Fax: +90-312-415 28 21, +90-312-415
28 22
Web:
www.gib.gov.tr
E-mail: gelirler@gelirler.gov.tr
|