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20.11.2024

07.07.2022/50

Cancellation of the Provision Stating That, in Lawsuits Regarding Taxes Requested to Be Refunded Under Tax Laws, a Decision to Suspend the Execution Cannot Be Made Without a Guarantee Equal to 50% of the Disputed Amount

With Law No. 7351, titled “Individual Pension Savings and Investment System Law and Amendments to Certain Laws and Decree-Law No. 375,” published in the Official Gazette No. 31727 on 22.01.2022, and with the addition of a sentence to paragraph (4) of Article 27 of the Administrative Judicial Procedure Law (AJPL), it was stipulated that in lawsuits concerning taxes requested to be refunded under tax laws, a decision to suspend the execution could not be made without a guarantee amounting to 50% of the disputed amount.

This provision was annulled by the Constitutional Court decision numbered 2022/14 and 2022/70, published in the Official Gazette No. 31889 on 07.07.2022.

You can access the related Constitutional Court decision here.

Best regards,

BİLGENER

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