03.07.2024/30
Fiscal Holiday Started on July 1
According to Law No. 5604 on the Establishment of a Fiscal Holiday, a fiscal holiday is observed from the first to the twentieth (including the twentieth) of July every year.
Explanations regarding the fiscal holiday application are included in the General Communiqué on Fiscal Holiday Application. In accordance with the aforementioned legislation, important issues regarding some accounting and tax practices during the fiscal holiday are as follows.
1. Taxes not covered by the fiscal holiday
- Special consumption tax,
- Banking and insurance transactions tax,
- Special communication tax,
- With games of chance tax
- Taxes, duties and fees levied and/or collected by customs administrations, special provincial administrations and municipalities (such as value added tax on imports, real estate tax, environmental cleaning tax)
financial holiday will not apply.
2. Extended periods due to fiscal holidays
The following periods, the last day of which coincides with the financial holiday, shall be deemed to be extended by seven days as of the date following the last day of the financial holiday.
2.1 In the assessment based on declaration, the deadlines for the submission of declarations that must be submitted within the legal period
Except for those specified in section (10) of the Communiqué titled “Other issues”, the deadlines for the submission of declarations regarding taxes, duties and fees, the last day of which falls within the financial holiday period, will be extended by seven days from the date following the last day of the financial holiday.
2.2 The payment period for taxes, duties and fees, tax penalties and default interest that are due on a fiscal holiday in the case of assessments made by the tax authorities, ex officio or administratively
Pursuant to Article 112 of the Tax Procedure Law No. 213, if the taxes assessed by way of assessment, reassessment or administration are accrued before the installment periods, they shall be paid within the installment periods; if they are accrued after the installment periods have partially or completely expired, the past installments shall be paid within one month from the date of accrual.
İkmalen, re’sen veya idarece yapılan ve yargı organlarına intikal etmiş olan tarhiyatlarda ise yargı organlarınca tasdik veya tadilen tasdik edilen tutarların ödeme süresi, “Vergi Mahkemesi/Bölge İdare Mahkemesi/Danıştay Kararına Göre Vergi/Ceza İhbarnamesi (Bildirim)”nin mükellefe tebliğ tarihinden itibaren bir aydır.
Pursuant to subparagraph (b) of paragraph (2) of Article 1 of Law No. 5604, the payment period of taxes, duties and fees, tax penalties and default interests related to the assessment made by way of assessment, ex officio or administration and whose due date coincides with the financial holiday shall be deemed to be extended for seven days as of the date following the last day of the financial holiday.
2.3 Periods for the applications to be made in order to request reconciliation against the taxes and/or penalties assessed or to benefit from the penalty reduction provisions
İkmalen, re’sen veya idarece yapılmış olan tarhiyatlara karşı mükelleflerin uzlaşma talep etme veya cezada indirim talebinde bulunma süresi, vergi/ceza ihbarnamesinin tebliğ tarihinden itibaren 30 gündür. Başvuru süresinin son gününün mali tatile rastlaması halinde söz konusu süre, mali tatilin son gününü izleyen tarihten itibaren yedi gün uzamış sayılacaktır.
It is possible for taxpayers to request reconciliation or reduction in penalties against the taxes and penalties imposed on their behalf during the financial holiday period.
2.4 Time limits for the provision of information required under the continuous disclosure provisions
In the event that the last day of the period for the provision of information to be requested from public administrations and institutions (including institutions and organizations performing public service) and real and legal persons within the framework of the regulations made by the Ministry or ex officio, in relation to the events related to taxation, within the framework of continuous information by the Ministry or the tax office, coincides with the financial holiday, the said period will be deemed to be extended for seven days from the date following the last day of the financial holiday.,
3. Periods of inactivity due to fiscal holidays
Paragraph (3) of Article 1 of Law No. 5604 stipulates that “The periods of accounting records, notification periods and the periods for filing lawsuits regarding tax-related transactions, which are required to be made within certain periods according to the provisions of the Tax Procedure Law, shall not operate during the financial holiday. The specified periods start to run again as of the end of the financial holiday.”
The periods that do not run during the financial holiday are listed below:
- Accounting recording periods
- Notification periods
- Periods for filing a lawsuit (In the event that the last day of the last day of the period for filing a lawsuit extended due to the financial holiday coincides with the interruption of the working period in accordance with the Administrative Procedure Law No. 2577, the period for filing a lawsuit will be extended by seven days starting from the day following the end of the interruption of the working period).
4. Submission of books and documents during the fiscal holiday, starting tax inspection
In paragraph (4) of Article 1 of the Law No. 5604, it is stated that “Except for the search examinations made upon the court decision or the request of the Public Prosecutor’s Office or in accordance with the provisions of the Tax Procedure Law, the submission of books and documents for the purpose of examination cannot be requested during the financial holiday, and the examination shall not be started at the taxpayer’s workplace.” Therefore, during the financial holiday (except for the cases included in the paragraph), the examination shall not be started at the taxpayer’s workplace and the submission of books and documents for the purpose of examination shall not be requested during this period.
An examination started before the fiscal holiday period may be continued on the books and documents submitted before this period; however, additional books, documents and information may not be requested from the taxpayer during this period, and the taxpayer or tax responsible may not be invited to sign the minutes containing the findings to be made as a result of the examination.
On the other hand, in the event that the taxpayer is requested to submit the books and documents with the notification made by the tax inspection staff before the financial holiday period and the last day of the period granted to the taxpayer regarding the said request coincides with the financial holiday, this period is deemed to be extended for 7 days from the date following the last day of the financial holiday.
5. Information request and notification procedures during the financial holiday
Paragraph (5) of Article 1 of the Law No. 5604 states that “During the holiday period, taxpayers, tax and penalty officials shall not be notified of requests for information, except for tax and penalty notices and offset requests. However, in the notification transactions realized during the holiday period, the period starts to run from the last day of the financial holiday.”
Pursuant to the aforementioned paragraph, tax/penalty notices will not be notified to taxpayers and tax and penalty liable persons during the financial holiday period; and the period will not run during the financial holiday period for the notification transactions realized during the holiday period.
The period for the taxpayers to exercise any of the legal rights (filing a lawsuit, requesting a reduction in penalty and requesting reconciliation) against the assessments made by the taxpayers against the assessments made by the taxpayers or the administration is 30 days from the date of notification of the tax/penalty notice regarding these assessments, and if the notification is made within the financial holiday period, the period will start to run from the last day of the financial holiday.
6. Legal and administrative periods ending within five days following the end of the financial holiday
With the Law No. 6661, the provision in the sixth paragraph of Article 1 of the Law No. 5604 has been amended as follows: “The legal and administrative periods within the scope of this article that end within five days following the end of the financial holiday shall be deemed to have expired at the end of the working hours of the fifth day following the last day of the financial holiday.”
Pursuant to the aforementioned provision, the legal and administrative periods that end within five days following the end of the financial holiday will expire at the end of the working hours of the fifth day following the last day of the holiday.
7. Payment period for taxes for which the declaration period has been extended due to the financial holiday
For taxes that are based on declaration and whose declaration period has been extended due to the financial holiday, the payment period (provided that it remains within the same month) is deemed to be extended until the end of the working hours of the day following the last day of the extended declaration period.
