Tips – Muhasebe News https://www.muhasebenews.com Muhasebe News Thu, 18 Jul 2019 14:40:15 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.5 Can we employ a foreign person who has residence permit? https://www.muhasebenews.com/en/can-we-employ-a-foreign-person-who-has-residence-permit/ https://www.muhasebenews.com/en/can-we-employ-a-foreign-person-who-has-residence-permit/#respond Thu, 18 Jul 2019 14:40:15 +0000 https://www.muhasebenews.com/?p=64135 We want to employ a foreign person who has a residence permit. What are the special conditions?

Applications to be made domestically;

Article 7- Only foreigners or their employers who have received a residence permit for at least six months and whose term has not expired may apply directly to the Ministry.

(Additional Sentence: RG-28/4/2011-27918)
The documents required for the application must be submitted to the Ministry within six working days following the electronic application.

Except for residence permits given for educational purposes in Turkey, the foreigners who are given residence permit for 6 months for any reason and who also has the permission to work within this period are not liable to obtain work visa through Turkey’s foreign representatives.

However, foreigners who will work in fields that are or might be subject to human trafficking are liable to obtain work permit every time from our foreign representatives notwithstanding their residence in Turkey for 6 months. Work permit applications are not submitted domestically for foreigners who do not have a residence permit and has come to Turkey with touristic visas or visas other than work visas or through a visa exemption program between two countries or other visa programs.

(Additional Paragraph: RG-21/1/2010-27469)  Foreigners who have been granted refugee or asylum seeker status by the Ministry of Internal Affairs are not subject to a specific residence period. The necessary measures are taken to finalize the work permit transactions immediately when evaluating the work permit requests of people with these statuses notwithstanding the provisions of paragraph 4 of Article 13 of the Regulation. (Additional Paragraph: RG-21/1/2010-27469)

In the case where work permit applications submitted domestically are finalized positively, it is obligatory to apply to the security units within 30 days following the declaration of the work permit to obtain the work annotated residence permit. Otherwise, the work permit will not become valid.

 

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/can-we-employ-a-foreign-person-who-has-residence-permit/feed/ 0 What are the transactions to be carried out when the shareholders of equity companies transfer their shares? https://www.muhasebenews.com/en/what-are-the-transactions-to-be-carried-out-when-the-shareholders-of-equity-companies-transfer-their-shares/ https://www.muhasebenews.com/en/what-are-the-transactions-to-be-carried-out-when-the-shareholders-of-equity-companies-transfer-their-shares/#respond Wed, 17 Jul 2019 14:16:15 +0000 https://www.muhasebenews.com/?p=64009 What are the transactions to be carried out when the shareholders of equity companies transfer their shares?

Is it possible to transfer the shares of an incorporated company to shareholders or non-shareholders when necessary? What are the transactions to be carried out?

It is possible to transfer the shares of an equity company to the shareholders or third parties. For transactions that are subject to permission in accordance with the special provisions and law, the transfer may take place by getting the permissions.

However, share transfers in the trade registry are not subject to registration and therefore, they are not registered. The decisions taken through declaration for transactions that are subject to registration such as changing into a single share, changing the single share or changing into multiple shares from a single share are registered.

 

 

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/what-are-the-transactions-to-be-carried-out-when-the-shareholders-of-equity-companies-transfer-their-shares/feed/ 0 Should we issue the invoices for foreigners according to the export e-invoices? https://www.muhasebenews.com/en/should-we-issue-the-invoices-for-foreigners-according-to-the-export-e-invoices/ https://www.muhasebenews.com/en/should-we-issue-the-invoices-for-foreigners-according-to-the-export-e-invoices/#respond Thu, 11 Jul 2019 15:03:59 +0000 https://www.muhasebenews.com/?p=63575 Should we issue the invoices for foreigners according to the export e-invoices?

Special invoicing only applies to shuttle trading. It is the application where an invoice and the Customs Declaration Form are combined in a single document. Unless there is a change in the legal structure of the document, the procedure continues as usual.

 

Source: Gib
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/should-we-issue-the-invoices-for-foreigners-according-to-the-export-e-invoices/feed/ 0 Is there a difference between the taxation of a foreign-capitalized company and a domestic one? https://www.muhasebenews.com/en/is-there-a-difference-between-the-taxation-of-a-foreign-capitalized-company-and-a-domestic-one/ https://www.muhasebenews.com/en/is-there-a-difference-between-the-taxation-of-a-foreign-capitalized-company-and-a-domestic-one/#respond Wed, 10 Jul 2019 15:09:50 +0000 https://www.muhasebenews.com/?p=63457 Is there a difference between the taxation of a foreign-capitalized company and a domestic one?

I will establish a foreign-capitalized company.
How does the taxation procedure work for Multiple Network Marketing system (the sales model of companies such as avon, amway, herbalife)?

There isn’t any difference in the taxation of the company you mentioned.
There isn’t any application as a taxation model. Full taxpayer companies that are established in Turkey are subject to taxation in accordance with Corporate Law and VAT Law.

 

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/is-there-a-difference-between-the-taxation-of-a-foreign-capitalized-company-and-a-domestic-one/feed/ 0 What should the company do if the foreign legal entity who is the sole shareholder of the legal entity fails? https://www.muhasebenews.com/en/what-should-the-company-do-if-the-foreign-legal-entity-who-is-the-sole-shareholder-of-the-legal-entity-fails/ https://www.muhasebenews.com/en/what-should-the-company-do-if-the-foreign-legal-entity-who-is-the-sole-shareholder-of-the-legal-entity-fails/#respond Mon, 08 Jul 2019 15:13:04 +0000 https://www.muhasebenews.com/?p=63253 What should the company do if the foreign legal entity who is the sole shareholder of the legal entity fails?

The sole shareholder of the incorporated company who is a foreign legal entity went bankrupt with a court decision. What happens to the incorporated company in this case? Should it be closed immediately by applying to the commercial court of first instance due to bankruptcy?

If the company abroad was closed due to bankruptcy, a lawsuit should be filed at the commercial court of first instance to liquidate the company and assign a liquidator. If the company abroad is not closed yet, the general board may take the decision of liquidation.

 

 

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/what-should-the-company-do-if-the-foreign-legal-entity-who-is-the-sole-shareholder-of-the-legal-entity-fails/feed/ 0 Are foreign companies which open a branch in Turkey subject to corporate tax? https://www.muhasebenews.com/en/are-foreign-companies-which-open-a-branch-in-turkey-subject-to-corporate-tax/ https://www.muhasebenews.com/en/are-foreign-companies-which-open-a-branch-in-turkey-subject-to-corporate-tax/#respond Wed, 03 Jul 2019 12:51:00 +0000 https://www.muhasebenews.com/?p=62749 Are foreign companies which open a branch in Turkey subject to corporate tax?


A company which is based in a foreign country wants to open a branch in Turkey.
Is it possible for its representative in Turkey to be a foreigner?
Since the company will make sales in Turkey, would it be subject to corporate tax?
Also, is it supposed to notarize the books?

 

The branch to be opened in Turkey will be subject to corporate tax as a ‘’limited taxpayer.’’
All notifications and declarations must be submitted.
In accordance with the Tax Procedure Law (TPL), commercial books must be notarized before the business starts.
The representative in Turkey must be ‘’a resident’’ in Turkey regardless of their nationality.

 

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/are-foreign-companies-which-open-a-branch-in-turkey-subject-to-corporate-tax/feed/ 0 How to cancel the work permit of a foreigner when s/he becomes a Turkish citizen? https://www.muhasebenews.com/en/how-to-cancel-the-work-permit-of-a-foreigner-when-s-he-becomes-a-turkish-citizen/ https://www.muhasebenews.com/en/how-to-cancel-the-work-permit-of-a-foreigner-when-s-he-becomes-a-turkish-citizen/#respond Wed, 03 Jul 2019 12:07:40 +0000 https://www.muhasebenews.com/?p=62746 How to cancel the work permit of a foreigner when s/he becomes a Turkish citizen?

How to cancel the work permit of a foreigner when s/he becomes a Turkish citizen? Is it possible to cancel SSI after the cancellation of the work permit? Would it be enough to apply to the institution without canceling SSI?

The employer of the foreigner who has work permit may apply online to cancel it. The employer may also apply to our Ministry with a petition that contains an original signature.

The identification card of the employee showing their Turkish citizen status is also needed at this stage. SSI of the foreigner should also be canceled following the cancellation of the work permit.

 

Source: Ministry of Labor and Social Security
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/how-to-cancel-the-work-permit-of-a-foreigner-when-s-he-becomes-a-turkish-citizen/feed/ 0 Do we have to pay the allowances to the staff from the bank? https://www.muhasebenews.com/en/do-we-have-to-pay-the-allowances-to-the-staff-from-the-bank/ https://www.muhasebenews.com/en/do-we-have-to-pay-the-allowances-to-the-staff-from-the-bank/#respond Tue, 02 Jul 2019 15:09:13 +0000 https://www.muhasebenews.com/?p=62677 Do we have to pay the allowances to the staff from the bank?

Our company wants to pay an allowance for food and accommodation expenses of our staff who are sent abroad by duty. Since it is difficult to use a bank account abroad, we want to pay our staff in cash if possible. We kindly request your opinion on the matter.

Allowances are recognized as salaries. They must be paid through the bank. The employees open a currency account in Turkey and the allowances are deposited to those accounts. Employees withdraw the money from the bank and spend it via credit card.

 

 

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

]]> https://www.muhasebenews.com/en/do-we-have-to-pay-the-allowances-to-the-staff-from-the-bank/feed/ 0 Is it possible for the employer to temporarily assign the worker to another employer? https://www.muhasebenews.com/en/is-it-possible-for-the-employer-to-temporarily-assign-the-worker-to-another-employer/ https://www.muhasebenews.com/en/is-it-possible-for-the-employer-to-temporarily-assign-the-worker-to-another-employer/#respond Mon, 01 Jul 2019 13:05:26 +0000 https://www.muhasebenews.com/?p=62551 Is it possible for the employer to temporarily assign the worker to another employer?

A temporary employment relationship may be established when the employer transfers the employee, with his or her written consent at the time of transfer, to another establishment within the structure of the same holding company or the same group of companies.

In accordance with this Paragraph, the temporary employment relationship may be established for 6 months at most in written form and may be renewed maximum twice.

The employer who assigns their worker to another employer temporarily is still liable to pay wage.

The employer with whom a temporary employment relationship is established is responsible for the unpaid wages of the employee during his / her employment period, the social insurance premiums of the employee and the obligation to protect the employee together with the transferring employer.

 

Source: Ministry of Labor and Social Security
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

]]> https://www.muhasebenews.com/en/is-it-possible-for-the-employer-to-temporarily-assign-the-worker-to-another-employer/feed/ 0 Is it mandatory to pay the salaries via bank in a ship that employs 9 seamen? https://www.muhasebenews.com/en/is-it-mandatory-to-pay-the-salaries-via-bank-in-a-ship-that-employs-9-seamen/ https://www.muhasebenews.com/en/is-it-mandatory-to-pay-the-salaries-via-bank-in-a-ship-that-employs-9-seamen/#respond Wed, 26 Jun 2019 15:20:08 +0000 https://www.muhasebenews.com/?p=62139 Is it mandatory to pay the salaries via bank in a ship that employs 9 seamen?

It is not mandatory to pay the salaries via bank if the ship has 9 seamen.

In accordance with Article 8 of the Regulation regarding Payment of Salaries, Premiums, Bonuses and All Kinds of Similar Remunerations via Banks, it is mandatory for employers or employer representatives who employ 10 seamen to pay the salaries through banks.

 

 

Source: Ministry of Labor and Social Security
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

 

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