17.12.2021/50

17.12.2021/50

2022 About the Books to be Used in the Year and the Obligation to Certify

Summary Pursuant to the provisions of Articles 220 and 221 of the Tax Procedure Law and Article 64 of the New Turkish Commercial Code No. 6102, taxpayers whose accounting period is the calendar year are required to have their books subject to certification, which they will use physically in 2022, certified until 31.12.2021.

With the Electronic Ledger General Communiqué No. 3 amending the Electronic Ledger General Communiqué No. 1 and the Tax Procedure Law General Communiqué No. 509;

• Taxpayers who are obliged to transition to the e-Invoice application, within the transition period to the invoice application (from the beginning of the following year for taxpayers who compulsorily transition to the e-Invoice application during the year),
• In 2020, taxpayers with gross sales revenue (or sales and gross business revenue) of 5 Million TL and above are obliged to switch to e-invoice and e-archive invoice application as of 01.07.2021 and as of 01.01.2022,
• Pursuant to the fourth paragraph of Article 397 of the Turkish Commercial Code, companies subject to independent audit shall be subject to independent audit as of the beginning of the year following the year in which the conditions are met,
• Those who obtained a license from EMRA in 2021 due to the goods within the scope of the list numbered (I) attached to the Special Consumption Tax Law,
• Those who manufacture, construct or import the goods covered by the list numbered (III) annexed to the Special Consumption Tax Law 2021,
• In 2021, taxpayers engaged in the activities of intermediary service provider, internet advertising service mediation and advertisement publishing on the internet,
• In 2021, taxpayers engaged in the trade of vegetables and fruits as a broker or merchant in accordance with the provisions of the Law No. 5957 on the Regulation of the Trade of Vegetables and Fruits and Other Goods with Sufficient Supply and Demand Depth,
• In 2021, all taxpayers who supply medical supplies and medicines and active substances to healthcare service providers who signed a contract with the Social Security Institution (SSI) (Hospitals, Medical centers, Branch centers, Dialysis centers, Other specialized treatment centers licensed by the Ministry of Health, Diagnosis, examination and imaging centers, Laboratories, Pharmacies, Medical device and material suppliers, Optician establishments, Hearing center, Spas, Pharmaceutical warehouses, Private law legal entities that offer and / or produce human medical products and their branches without legal personality)
• Taxpayers who are obliged to transition to the e-Ledger application; legal entity taxpayers who are transferred or merged in case of full spin-off, merger or change of type, and new legal entity taxpayers emerging as a result of full spin-off or change of type,

They have to switch to the e-Ledger application.

Taxpayers who are within the scope of e-ledger are required to have the books they will use other than Journal and Ledger certified on paper.

1. Commercial Books to be kept

Without prejudice to the provisions of the Tax Procedure Law regarding the bookkeeping obligation, the commercial books to be kept in accordance with paragraph 3 of Article 64 of the Law No. 6102 are specified below for companies.

1. Joint Stock Companies

• Journal Book
• Inventory Book
• Ledger Kebir
• Stamp Tax Book
• Share Ledger
• Board of Directors Decision Book
• General Assembly Meeting and Deliberation Book

2. Limited Liability Companies

• Journal Book
• Inventory Book
• Ledger Kebir
• Share Ledger
• General Assembly Meeting and Deliberation Book

3. Limited Partnerships with Capital Divided into Shares

• Journal Book
• Inventory Book
• Ledger Kebir
• Share Ledger
• Board of Directors Decision
• General Assembly Meeting and Deliberation Book

4. Collective and Limited Partnerships

• Journal Book
• Inventory Book
• Ledger Kebir
• General Assembly Meeting and Deliberation Book

2. Time of Certification of Commercial Books

According to Article 221 of the Tax Procedure Law and Article 64 of the Turkish Commercial Code;

• In the last month of the year preceding the year in which the ledger will be used for taxpayers who have been continuing their business for a long time,
• Those whose accounting periods are determined by the Ministry of Finance, in the last month preceding the accounting period in which the book will be used,
• Those who start a new business, change class and enter a new taxpayer before the date of starting business, changing class and entering a new taxpayer, and those whose tax exemption is revoked within ten days starting from the date of exemption,
• Those who are obliged to use new books during the year due to the filling of the books subject to certification or for other reasons, before starting to use them,
• All of the books that Joint Stock Companies, Limited Liability Companies, Limited Partnerships with Capital Divided into Shares and Cooperatives are obliged to use in their first establishment by the trade registry,

must be certified.

3. Opening and Closing Approval of Commercial Books

1. Opening Approval and Time

Pursuant to the third paragraph of Article 64 of the Law No. 6102 regarding the bookkeeping obligation, the books kept by the merchants in physical environment,

• The opening approvals of the journal, general ledger, inventory book, share ledger, board of directors’ decision book and general assembly meeting and negotiation book shall be made during the establishment and before they are used,

• The opening approvals of these books in the following activity periods will be made by a notary public until the end of the month preceding the first month of the activity period in which the books will be used (within December for those whose accounting period is calendar year).

• The opening approvals of the journal, general ledger, inventory book and the board of directors’ decision book must be made for each accounting period.

• The share ledger and the general assembly meeting and negotiation ledger may continue to be used in the following accounting periods without an opening approval, provided that they have sufficient leaves.

2. Closing Approval and Time

Under Law No. 6102, only the journal and the board of directors’ resolution book are subject to closing approval, and the inventory book is excluded from this obligation. Accordingly

• The closing approval of the journal shall be made by the end of the sixth month of the following activity period (30.06.2022),

• The closing approval of the board of directors’ decision book will be made by a notary public until the end of the first month of the following activity period (31.01.2022).

4. Criminal Sanction

Pursuant to Article 562 of Law No. 6102 titled “Crimes and Penalties”, those who do not fulfill the bookkeeping obligation in the first paragraph of Article 64 of the same Law and those who do not have the opening and closing approvals in the third paragraph of the same article will be subject to an administrative fine of 13,950 TL for the year 2022.

Sincerely,

BİLGENER