When should the corporate tax return for a taxpayer subject to the special accounting period of 01.07.2023-30.06.2024 be filed?
It should be filed between the 1st and the 31st of the 4th month following June 30, 2024 (01-31/10/2024).
The relevant article in the Corporate Tax Law regarding the filing time is as follows:
Taxation period and declaration Article 25
- The taxation period for corporations taxed on an annual declaration basis is the accounting period. However, for those assigned a special accounting period, the taxation period is their special accounting period.
- In cases where taxes are paid by withholding and the beneficiaries do not file an annual or special tax return, the periods to which the withholding tax relates are considered as the taxation period.
- For profits declared through the returns filed under Article 26 of the Law, the date of income realization is considered instead of the taxation period for tax purposes.
- The annual corporate tax return must be submitted to the tax office where the company’s business establishment or permanent representative is located in Turkey, or if there is no business establishment or permanent representative in Turkey, to the tax office where the income earners connected to the foreign company are registered.
- The return must be submitted between the first day and the evening of the twenty-fifth day of the fourth month following the month in which the accounting period ends, or within fifteen days before the taxpayer leaves Turkey if they are leaving the country.
- The form, content, and annexes of the returns are determined by the Ministry of Finance. Taxpayers are required to file their returns in accordance with these forms or declare the information in these forms.
Special declaration time for incomes Article 26
- In cases where the taxable income of foreign corporations subject to limited tax liability consists of other incomes and revenues stated in the Income Tax Law (except for the payments received in return for the sale, transfer, or assignment of copyrights, privileges, patents, business names, trademarks, and similar intangible rights), the foreign corporation or its representative in Turkey is required to declare these incomes within fifteen days from the date of income realization to the tax office specified in Article 27 of the Law.
- Excluding the provisions regarding exchange rate gains arising during the disposal of securities and participation shares obtained in return for cash or in-kind capital brought into Turkey, the limitations regarding the exceptions, conditions, and periods related to non-taxation in the Income Tax Law are not considered.
Place of filing the return Article 27
- The corporate tax return related to the incomes for which a special declaration time is assigned shall be filed at the tax office: a. In the location where the real estate is situated for gains and revenues arising from the disposal of real estate; b. In the location where movable property and rights are disposed of in Turkey for gains and revenues arising from their disposal; c. In the location where the commercial or agricultural business is situated for gains and revenues obtained in return for the cessation or abandonment of its activities; d. In the location where the activity is carried out for gains obtained from incidental commercial transactions or brokerage in such transactions, as well as from incidental self-employment activities; e. In the location where the passenger or cargo is taken on board for gains obtained from incidental transportation activities between Turkey and foreign countries; f. In the location where the payment is made in Turkey for other gains and revenues related to abandoned businesses, including the collection of bad debts written off and provisioned doubtful receivables, as well as for gains obtained without ever engaging in commercial, agricultural, or professional activities or participating in auctions, tenders, or discounts; g. In other cases, at the tax office determined by the Ministry of Finance.
The addressee of taxation, time of taxation, and place of taxation Article 28
- The tax of foreign corporations subject to limited tax liability is assessed in the name of their manager or representative in Turkey; if there is no manager or representative, it is assessed in the name of those providing the income and revenues to the foreign corporation.
- Corporate tax is assessed on the day the return is submitted to the tax office; if the return is sent by mail, it is assessed within three days following the date the return reaches the tax office.”
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