10.10.2024/57
The procedures and principles of daily revenue determination and determination of income tax base in commercial and professional earnings have been determined
With the Law No. 7524 published in the Official Gazette dated August 2, 2024, “Determination of daily revenue in commercial and professional earnings and determination of income tax base” was added to the Income Tax Law. The Income Tax General Communiqué numbered 326, which sets out the principles and procedures regarding the implementation, was published in the Official Gazette dated September 27, 2024.
Accordingly, in order to determine the real revenues of those who are taxpayers in terms of commercial or self-employment activities, not less than 3 inspections can be made in a month and not less than 12 inspections in a calendar year in order to determine the daily revenue amounts. The monthly revenue amount will be calculated based on the average of the daily revenue amounts determined as a result of these inspections made by the administration. The average monthly revenue amount will be determined by dividing the sum of the monthly revenue amounts determined in this way by the number of months in which the determination is made, and by multiplying this amount by the number of months of activity, the taxpayers’ revenue for the relevant calendar year will be determined.
With the revenue amounts determined in this way;
- For those who keep books on the balance sheet basis, the gross sales amount in the income statement for the relevant calendar year,
- For those who keep books according to the business account basis, the amount of revenue obtained during the period included in the business account summary of the relevant calendar year,
- For those who keep a self-employment income book, the gross revenue amount in the self-employment income declaration for the relevant calendar year
Taxpayers with a difference of more than 20% will be invited to explain within the scope of Article 370 of the Tax Procedure Law.
This regulation will also apply to corporate taxpayers.
Within the scope of this article, the taxpayers to be audited can be determined by taking into account criteria such as risk analysis results, system records, and the discrepancy between declared income and expenditures.
Pursuant to Article 174 of the Law No. 213, for the taxpayers who are assigned a special accounting period in accordance with the provision of Article 174 of the Law No. 213, the 12-month special accounting periods assigned to them instead of the calendar year will be taken into account in the calculation of the annual revenue amount based on the determination of the daily revenue amounts.
In the event that the taxpayers have more than one commercial or professional activity, the annual revenue amount determined based on the daily inspections carried out in each activity will be taken into consideration separately in the comparison of the revenue amount.
The annual revenue amount determined for taxpayers engaged in both commercial and professional activities will be evaluated separately according to the earning element.
This provision will enter into force on 1/1/2025.
The Communiqué includes detailed examples regarding the implementation of the regulation.
Communiqué No. 326 published in the Official Gazette dated September 27, 2024 and numbered 32675 is available here.
Sincerely,
BİLGENER
