Muhasebe News

Which taxes can the tax office block taxpayers’ bank accounts if they are not paid?

MuhasebeNews — Mon, 02 Dec 2024 13:21:31 +0000

If provisional tax is not paid, can the tax office block bank accounts?

In accordance with the provisions of Law No. 6183 on the Procedure for Collection of Public Receivables, the tax office and other institutions may apply e-seizure for debts owed to the tax office and other public institutions. Depending on the situation, it may also apply seizure or e-seizure to the assets of the taxpayer and the company owner, partners and managers who are jointly responsible for the debt in accordance with the relevant Law. It may request the debt that cannot be collected from the taxpayer from his/her legal representatives.

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.

How will the VAT withheld invoice be refunded?

MuhasebeNews — Mon, 02 Dec 2024 13:19:56 +0000

EXAMPLE

Transportation Cost= 10,000 TL
Calculated VAT (%20)= 2,000 TL
Withheld VAT 2/10= 400 TL
VAT to be collected= 1,600 TL
Invoice total= 11,600 TL

Accounting record example of the buyer company that issues the return invoice to the seller

______________________ / ______________________

320 (B) 11,600 TL

770 (A) 10,000 TL

391 (A) 1,600 TL

______________________ / ______________________

Accounting record example of the seller company that receives the return invoice from the buyer example

______________________ / ______________________

610 (B) 10,000 TL

191 (B) 1,600 TL

120 (A) 11,600 TL

______________________ / ______________________

Is there an obligation for a general partnership to use e-notification?

MuhasebeNews — Mon, 02 Dec 2024 13:17:46 +0000

Ordinary partnerships do not have a legal entity and are not subject to income (corporate) tax. If they operate as an ordinary partnership, the partnership is subject to withholding tax and value added tax, and in ordinary partnerships, the partners are jointly and severally liable for the payment of withholding tax, VAT and other taxes assessed on behalf of the partnership.

In addition, if the partner of the ordinary partnership has a legal entity, the profits he/she earns will be subject to corporate tax, and if he/she is a natural person, he/she will be subject to income tax. In the 4th section of the Tax Procedure Law General Communiqué No. 456 titled “Persons to be Notified Electronically”, corporate taxpayers who are required to use an electronic address suitable for notification and to whom notifications can be made electronically are as follows; Since they are determined as those who are subject to income tax in terms of commercial, agricultural and professional income (excluding farmers whose income is determined by the simple method and those who are not subject to tax in the real method), e-notification activation is required on behalf of the partners of the ordinary partnership due to their income and/or corporate tax liabilities.

On the other hand, since ordinary partnerships are not listed among those who are required to use an electronic address suitable for notification in the Tax Procedure Law General Communiqué numbered 456, they are not required to be included in the e-notification system, but of course they can optionally benefit from the system if they request electronic notification on behalf of the partnership.

Source: Revenue Administration Special Notice
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.

Can the sales amount exceeding 30,000 TL be collected in cash in parts?

MuhasebeNews — Mon, 02 Dec 2024 12:57:51 +0000

As of November 30, 2024, the cash payment and collection limit of 7,000 TL has been increased to 30,000 TL.

If the invoice amount is over 30 thousand TL, cash collection cannot be made even if the installment amounts are below 30 thousand TL.

The relevant section of the Tax Procedure Law Communiqué No. 459 regarding the legal regulation is given below.

Section 4.1.2. Collections and Payments Made Section by Section

If the transaction amount subject to collection and payment exceeds the limit determined in section (4.1.) of this Communiqué within the scope of the documentation requirement, the total amount of the transaction will be taken into account in the payment of the amount in parts on different dates and each collection and payment will be made through intermediary financial institutions within the scope of the documentation requirement.

“Example: Taxpayer (T), who practices the profession of lawyer, will receive 160,000 TL in return for legal consultancy services to be provided to (K) Inc. for one year. According to the agreement between them, (K) A.Ş. will pay the service fee in installments of 15,000 TL. In this case, the preparation of the freelance receipt for 15,000 TL on the dates when the installments are paid will not eliminate the requirement of documentation, and since the total amount of the contract exceeds the specified limit, each collection and payment made in parts will be documented through intermediary financial institutions.

In case of non-compliance with the requirement of documentation in the collection and payments in question, separate penalties will be imposed on freelancers (T) and (K) A.Ş

Source: https://www.mevzuat.gov.tr/File/GeneratePdf?mevzuatNo=21303&mevzuatTur=Teblig&mevzuatTertip=5
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.

How Is a Temporary Employment Relationship Established, and When Is It Deemed Invalid?

MuhasebeNews — Thu, 21 Nov 2024 12:59:38 +0000

According to Article 7 of the Labor Law No. 4857, a temporary employment relationship can be established through a private employment agency or by assigning an employee within a holding or another workplace belonging to the same group of companies.

Establishing a Temporary Employment Agreement via a Private Employment Agency

A temporary employment agreement through a private employment agency may be established in the following circumstances:

During maternity leave, unpaid leave granted voluntarily following maternity leave, or part-time work after maternity leave;
When the employee is performing military service or in other cases where the employment contract is suspended;
In seasonal agricultural work;
In domestic services;
For tasks not considered part of the employer’s daily operations and performed intermittently;
For urgent tasks related to occupational health and safety or when compelling reasons significantly affecting production arise;
In cases of unforeseen and temporary increases in the enterprise’s average production capacity;
For periodic increases in workload, excluding seasonal work.

Duration of Temporary Employment Agreements

For maternity leave, unpaid leave following maternity leave, part-time work after maternity leave, military service, and other cases where the employment contract is suspended, the agreement can last as long as these situations persist.
In seasonal agricultural work and domestic services, there is no time limit.
For other cases, the agreement can be established for up to four months. It may be renewed twice but cannot exceed a total of eight months, except for periodic increases in workload.
When the enterprise’s average production capacity rises unexpectedly and requires a temporary employment relationship, an agreement may be established in writing for up to six months and can be renewed twice.

Prohibitions and Invalidity Conditions

In workplaces where collective layoffs have occurred, a temporary employment relationship cannot be established for eight months.
Temporary employment relationships cannot be established in public institutions or organizations or in workplaces involved in underground mining.
Employers using temporary workers cannot employ such workers during strikes or lockouts, except under the provisions of Article 65 of the Trade Unions and Collective Bargaining Agreement Law No. 6356.
Employers cannot rehire temporary workers for the same job within six months after the expiration of the specified temporary employment period.

These provisions ensure that temporary employment relationships are used appropriately and under the conditions stipulated by the law.

Source: Republic of Türkiye 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.

How is wage calculated if working on holidays?

MuhasebeNews — Thu, 21 Nov 2024 12:57:05 +0000

How is the employee paid if they work on national holidays and public holidays?

If they do not work on any national holiday or public holiday, the employer will pay the full wage for that day. If the employee works on holidays, an additional daily wage must be paid for each day they work.

For example, in April, a person who does not work on the April 23rd public holiday but works on all other days is entitled to 30 days’ wages, while a person who also works on April 23rd will be entitled to an additional daily wage due to their public holiday work and will receive 31 days’ wages.

Is it mandatory not to work on national holidays and public holidays?

A written provision can be included in the employment contract signed with the employer regarding whether or not work will be done on national holidays and public holidays, or if there is a collective labor agreement in effect at the workplace, a general regulation can be made in this regard with the collective labor agreement.

In these cases, the provisions in the contracts are followed.

However, in cases where there is no written provision, the employer must obtain the employee’s written consent in advance in order to request work on any national or public holiday.

Is there a cash blockage requirement in case of capital addition of partner receivables?

MuhasebeNews — Thu, 21 Nov 2024 12:54:50 +0000

In the establishment of joint stock companies or in cash capital increases to be made later, it is mandatory to block 1/4 (25%) of the capital amount to the bank.

The capital addition process of the partner receivables from the company will be done with the CPA report and since there is no cash increase, there will be no bank blockage process.

Lease contracts in Türkiye have begun to be made via e-government!

MuhasebeNews — Thu, 21 Nov 2024 12:50:24 +0000

Digital Transformation in Rental Agreements: Convenience Begins with E-Government!

A brand-new era in rental agreements has officially begun! Landlords and tenants can now easily prepare their rental agreements through the E-Government Gateway. As of November 4, 2024, the first phase of this service has been launched, providing significant convenience for many citizens.

How Does Preparing a Rental Agreement via E-Government Work?

With the digital transformation project announced by the Minister of Treasury and Finance, Mehmet Şimşek, rental agreements can now be prepared through the e-Government platform. The first step of this application became active on November 4, 2024. At this stage:

E-Government users aged 18 and above can access the system.
Property owners can prepare agreements through the “Rental Agreement Transactions” section on e-Government.
The prepared agreement is completed once the tenant approves it on the same platform.

The system also allows agreements to be prepared for properties with up to 10 co-owners.

Reliable Transactions with Time-Stamped and Barcoded Documents

To enhance security, time-stamped and barcoded documents are created for rental agreements prepared through e-Government. These documents, which can be verified on e-Government, provide convenience and safety for both landlords and tenants.

Phase Two: Real Estate Agents to Join the System

The second phase of the digital rental agreement application will be implemented by the end of 2024. In this phase:

Real estate agents and authorized individuals will also be included in the process.
These individuals will be authorized to prepare and approve agreements on behalf of property owners and tenants.

This development aims to ensure a faster and more professional process for the real estate sector.

A Solution Addressing Citizens’ Demands

This system was developed in response to the high demand from citizens. Designed to streamline the resolution of disputes related to rental agreements and speed up processes, it also spares users the hassle of document submission.

Another important goal is to enable a more comprehensive analysis of Türkiye’s real estate data. Rental agreements prepared through e-Government will play a critical role in providing data for the Türkiye Real Estate Value Map.

Minister Şimşek’s Statement: Easy, Fast, and Secure!

Minister of Treasury and Finance Mehmet Şimşek emphasized that this digital transformation would provide great convenience for both landlords and tenants. Şimşek stated, “Thanks to the new system, rental agreements can be prepared quickly, easily, and securely. It offers great benefits for everyone.”

In conclusion, the rental agreement preparation service via e-Government stands out as a significant step that will simplify users’ lives. You too can start using this system immediately and enjoy the advantages of digitalization!

Are Foundations and Associations in Türkiye also required to switch to e-Ledger on January 1, 2025?

MuhasebeNews — Thu, 21 Nov 2024 12:27:23 +0000

Activities of foundations and associations other than commercial purposes are not covered by e-Ledger. Economic enterprises subject to corporate tax and those required to keep books according to the balance sheet method according to the Tax Procedure Law are also required to use e-Ledger as of January 1, 2025.

You can review the relevant section of the e-Ledger General Communiqué on the subject from the link below.

Source: : ELECTRONIC LEDGER GENERAL NOTIFICATION – (SEQUENCE NO: 1)
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.

Are companies that will enter liquidation also required to switch to e-Ledger?

MuhasebeNews — Wed, 20 Nov 2024 07:00:34 +0000

Yes. Individual companies that keep books on a balance sheet basis and companies (including those entering liquidation) must switch to e-Ledger as of January 1, 2025.