Rental agreements prepared for the sublets as a residence are exempt from stamp tax if it is only signed by a lessor and a lessee. It means that it is not obligatory to pay stamp tax for them. On the other hand, if there is a guarantor, it is compulsory to pay 9, 48 per thousand of the rental agreement.
Rental agreements are subject to proportional stamp tax over rental in line with the contract time (1, 89 per thousand in 2015 in accordance with General Communique of Stamp Tax Law Serial No. 58).
If a person, who sign stamp tax documents accordance with these documents, are obliged all the time, that amount should be submitted until the evening of the twenty third of next month to a tax office and paid until the evening of the twenty sixth of that month, according to article 22/a of Stamp Tax Law.
If people who prepare the agreement are not always obliged, they should submit the documents within fifteen days after the contract date with a declaration and paid within the same period.
People who sign the documents being subject to stamp tax have double liability with regard to stamp tax. Thus, one of the parties preparing the documents is subject to pay the tax.
Rental agreements (related to properties not included in commercial enterprise and rented as a workplace by the artisan exempted from Income Tax, exempted self-employed, the taxpayers being subject to small business taxation and commercial enterprises not involved in commercial enterprise and hired as a settlement by associations and foundations and hired as a residence by real persons) are exempted from Stamp Tax.
On condition that rental agreements within the scope of exemption include the guarantor’s sign as ‘’ordinary surety’’ or ‘’joint guarantor’’ or ‘’joint debtor and joint guarantor, it should be subject to proportional stamp tax through surety annotation as of the date of issuance. (1,89 per thousand in 2015 in accordance with General Communique of Stamp Tax Law Serial No. 58).
Source: Revenue Administration
Date: 12 February 2017
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