Notification Obligation to Tax Office for Registered Transactions in the Trade Registry is Abolished
The General Communiqué no. 546 on Tax Procedural Law (the "Communiqué") which determines the procedures and principles regarding the acceptance of the notifications made electronically by the Ministry of Trade to the Ministry of Treasury and Finance (the "Ministry") from the transactions registered in the trade registry as notifications made by taxpayers was published in the Official Gazette dated 18 January 2023, to be effective as of 1 February 2023.
Within the scope of the amendment to the law in 2021, with the added provision to the Tax Procedural Law No. 213 (the "Law"), the Ministry was authorized to determine the procedures and principles regarding the acceptance of the information that taxpayers are obliged to notify pursuant to the Law as a notification made by taxpayers and to determine the notifications to be accepted in this way by taking into account the subject of activity, income factor, income tax liability, tax, workplace and company types separately or together in case these information are notified by the public institutions and organisations to the Ministry in written or electronic formats, and to determine the procedures and principles regarding its implementation. Based on the authorization in question, the Ministry has determined the procedures and principles regarding the acceptance of the notifications made electronically by the Ministry of Trade to the Ministry from the transactions registered in the trade registry as notifications made by the taxpayers with the Communiqué.
Before the publication date of the Communiqué, taxpayers who were corporate taxpayers and applied for registration had been deemed to have fulfilled their obligations to notify the commencement of work in accordance with the Law by submitting a copy of the application document to the relevant tax office in writing or electronically. With the effect of the Comminiqué, taxpayers do not need to make a separate notification for the following issues which were normally subject to notification obligation:
- Opening/closing transactions of branches (changes in the number of workplaces other than branches shall continue to be reported),
- Change of business headquarter/branch address transactions,
- Conversion of company type transactions,
- Entry into liquidation/withdrawal from liquidation transactions,
- Closure of liquidation/ ceasing of business transactions,
- Change of title transactions.
In the table annexed to the Communiqué, it is explained in detail which of the transactions subject to registration do not need to be notified to the tax office by the taxpayers.
The Communiqué also authorizes the Revenue Administration to abolish the notification obligation for transactions that are not specified in the table annexed to the Communiqué with an announcement to be published on its official website in the event that the information regarding the transactions in question is obtained electronically from the Ministry of Trade.
It is regulated that taxpayers will be deemed to have fulfilled the notification obligation in due time for the transactions that are required to be notified to the tax office and registered to the trade registry within the periods specified in the Law and the penalty provisions of the Law shall be applied to taxpayers who do not fulfil their notification obligations in due time due to transactions that are not registered to the trade registry on time or notified to the Ministry late because they are registered after the deadline, however, if the applications were made by the taxpayers in due time but the registration was made after this period, the application date will be taken as the date of notification.
The Communiqué entered into force as of 1 February 2023 aims to shorten bureaucratic processes in order to use human resources and time more effectively with the new regulation introduced.
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