What is Property Declaration?
Property declaration is the written or verbal declaration of the debtor to the tax office about the type, nature and amount of the movable and immovable properties and receivables and rights in his/her own hands or in the hands of third parties, or that he/she has no property and how he/she can pay his/her debt according to his/her livelihood and his/her lifestyle.
Although the debtor also declares the value of the property in the property declaration, the tax office has the discretion to determine whether the declared property can cover the debt.
If the tax office is of the opinion that the goods in the property declaration cannot cover the debt or that the seizure and sale will be very difficult, the debtor may be asked to make an additional declaration.
The debtor’s declaration that he/she does not have any property that can be seized is deemed as a property declaration.
The issues that should be included in the property declaration are as follows:
* The property, receivables and rights of the debtor or the debtor’s property, receivables and rights in the hands of third parties are included in the property declaration.
* It is essential that the property declaration made is sufficient for the debtor’s debt.
* The debtor must specify the amount, type, nature, quality and value of the property in the declaration.
* The debtor must also state in the property declaration all kinds of income or that there is no property that can be seized and the sources of livelihood according to the way of life.
* The debtor must indicate in the property declaration how he/she can pay his/her debt.
* The property declaration must be made in writing or verbally to the tax office. In addition, through the Digital Tax Office (Interactive Tax Office), one of the applications of our Presidency, payment orders can be viewed from the My Payment Orders / Petition for Declaration of Property page and a petition for declaration of property can be submitted electronically based on the payment order.
Since the declaration of assets is not a declaration of wealth, it is sufficient for the debtor to declare assets in an amount sufficient to cover the debt. It is not possible for the debtor to be forced to declare more property than the debt.
What are the issues to be added to the declaration by the debtor who declares that he/she has no property?
The debtor who has been notified of the payment order and who has notified that he has no property, together with this notification or within 15 days from the date of notification;
* Notify their last residence and work addresses,
* To notify other tax offices and public administrations, if any, where they have continuous tax liabilities and their account and registration numbers in these administrations,
* To give a copy of the civil registry,
obliged to fulfill this obligation.
Those who fail to fulfill this obligation on time without a reasonable excuse shall be punished with a judicial fine of up to fifty days.
According to the General Communiqué No. 456 of the Tax Procedure Law, if the payment order is sent via e-Notification, the end of the fifth day following the date it reaches the addressee’s electronic address is the date of notification.
Source: Revenue Admin.
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