Updated on: 16 December 2010

 

Ministry of Finance Ruling
Related Law: Tax Procedure Law
Date: 09.07.2007
 
No: B.07.1.GIB.0.40/4034-60756

In cases like controlling a business activity related with a construction work from office, bureau etc., it is possible to accept aforesaid places as business place; however, in situations like directly controlling the business from construction site, site itself must be regarded as business place.

 

Ministry of Finance Ruling
Related Law: Tax Procedure Law
Date: 20.03.2006
 
No: B.07.1.GIB.0.44/4402-302/019262

There is no limitation but description of places that could be used at implementation and performance for commercial, industrial, agricultural and vocational activities by law when describing business place. As a result of this, it is necessary to accept places that were used for communication purposes in order to perform activities at electronic environment as business place.

 

Ministry of Finance Ruling
Related Law: Tax Procedure Law
Date: 24.05.2006
 
No: B.07.1.GIB.0.57/5711-668-39027

Total amount receivable, withholding amount, VAT and transaction amount must be shown on the invoices issued by those whose services are subject to withholding. At the total section of invoice, amount before withholding deduction must be written.

 

Ministry of Finance Ruling
Related Law: Tax Procedure Law
Date: 06.07.2005
 
No: B.07.1.GIB.0.29.2921.222-575

It is possible to make a correction/adjustment operation for VAT at the period of change in the case that there is a change at the service amounts on the issued invoices by private health care institutions and organizations.

However, at the moment of serving, health care service has been completed and it is not possible to return back the service. Due to this fact, an invoice under the name of return cannot be issued.

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 16.07.2005
 
No: B.07.1.GIB.0.45/4535-5

Investment allowance, calculated with respect to investment expenditures done from branch present at free zone, is deductible over firm’s total revenue.

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 05.07.2005
 
No: B.07.1.GIB.0.45/4535-5-M/29877

In condition of having the main activity field as shopping mall construction, rental and management at the articles of incorporation, it is possible to benefit from investment allowance related with expenditures made.

However, office block, constructed for rental as administrative headquarter does not hold good or service manufacturing place characteristic. Expenses made at the construction of this office block cannot benefit from investment allowance.

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 26.06.2006
 
No: B.07.1.GIB.0.03.43/4314-20/047154

Since usage of meal cheques at supermarket shopping does not have any relation with food catering service, they must be taxed as "wage" and cannot be regarded as meal.

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 07.07.2006
 
No: B.07.1.GIB.0.40/4016-225/50590

Forming a web site and answering questions from that web site is considered as commercial activity. Revenue earned by this commercial activity must be taxed with respect to commercial earnings principle of Income Tax Law.

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 27.06.2007
 
No: B.07.1.GIB.0.40/4003-57468

It is possible to consider indemnity as expenditure that was paid by the business owner to victim's family, which resulted from a traffic accident made by an employee with a vehicle owned again by that business. 

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 31.01.2007
 
No: B.07.1.GIB.0.03.49/4914-228-8166

Possibility of considering the indemnity paid by the order of court to the labor due to work accident as expense but only for the amount corresponding to the unfaulty ratio of employer.

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 27.04.2006
 
No: B.07.1.GIB.0.40/4076-112/31824

It is necessary to accept work start day as "workplace hand over certificate" issue date for construction and repair works performed by tender.

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 01.04.2005
 
No: B.07.0.GEL.0.49/4929-463-014825

Equipment delivery is not subject to withholding unless there is no equipment supply.

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 22.02.2005
 
No: GEL.0.42/4213-1923

In case premium fees of private health care insurance that an employee would like to procure for self and/or wife and children is covered by the employing company, those payments were considered as benefits given to personnel. Aforementioned payments must be accepted as wage, added to the wage assessment of relevant period and subjected to income tax deduction.

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 02.02.2006
 
No: B.07.1.GIB.0.42/4215-4-2136/005853

Advisory service given as per the service agreement that shows continuity is regarded as wage; given under personal liability for the account of self is regarded as professional service.

 

Ministry of Finance Ruling
Related Law: Income Tax Law
Date: 06.06.2007
 
No: B.07.1.GIB.0.40/4006-51525

It is possible to offset refund receivable born from withheld tax due to construction works extended to calendar years from your tax payable but not from social security premium payable towards Social Security Institution.

 

Ministry of Finance Ruling
Related Law: Corporate Income Tax
Date: 26.11.2007
 
No: B.07.1.GIB.0.03.50/5011-679/104754

It is not possible to accept erection of exported goods at abroad as construction, repair and erection works performed abroad and exempt earning from this activity from corporate tax.

 

Ministry of Finance Ruling
Related Law: VAT
Date: 10.05.2005
 
No: B.07.0.GEL.0.55/5501-2905/20568

A cooperative that does not have any income other than membership fee is not subject to VAT for those fees collected.

 

Ministry of Finance Ruling
Related Law: VAT
Date: 20.04.2005
 
No: B.07.0.GEL.0.55/5524-213

In accordance with repair and maintenance agreement, penal clause (fine) to be collected by aggrieved party is not subject to VAT due to failure of performance of works by other party.

 

Ministry of Finance Ruling
Related Law: VAT
Date: 28.12.2006
 
No: B.07.0.GIB.0.01.57/5711-725-103288

At refund or offset applications borne from construction works, it is possible to finalize the process either by sworn financial advisor report if the inspection does not started yet or by the positive opinion of inspector regarding the process of refund by sworn financial advisor report.

 

Ministry of Finance Ruling
Related Law: VAT
Date: 16.10.2007
 
No: B.07.1.GIB.0.01.54/5417-2338

Hearing instrument import and delivery is exempted from VAT

 

Ministry of Finance Ruling
Related Law: VAT
Date: 27.11.2006
 
No: B.07.1.GIB.0.29/2924-232-2824/093508

Stock sales is exempted from VAT notwithstanding requires an invoice for sale.

 

Ministry of Finance Ruling
Related Law: VAT
Date: 27.04.2005
 
No: B.07.0.GEL.55/5517-1925/18519

Transfer of real estate via sales that has been present minimum two full years at the asset of a firm is exempted from VAT

 

Ministry of Finance Ruling
Related Law: VAT
Date: 18.01.2005
 
No: B.07.0.GEL.0.53/5317-2001-2681

Customs brokerage service given to free zone companies related with goods arrived from abroad to free zone or departing from free zone to abroad are exempted from VAT

Customs brokerage service given due to arrival of goods from free zone to domestic land, domestic land to free zone or transfer between free zones is subject to VAT.