24.10.2024/58
Income Tax Communiqué Serial No. 328 Regarding the Payment and Collection of Workplace and Residential Lease Payments and Collections via Bank or PTT has been published
The Income Tax General Communiqué Serial No. 328, which includes the explanations regarding the certification of the collections and payments to be made regarding the workplace and housing leases realized by income and corporate taxpayers and non-taxpayers with the documents issued by banks or PTT and the penalties to be applied in case of non-compliance with the certification obligation, was published in the Official Gazette dated 17.10.2024 and numbered 32695.
Accordingly, in residential and workplace leases, those who lease their residences and workplaces and those who lease them are required to certify their collections and payments related to the rent with documents issued by banks or PTT; It has been stated that the collections and payments made for short-term residential leases such as weekly or daily are also within the scope of certification, and it has been stated that the collections and payments made by those who lease their residences and workplaces and those who lease them through court and execution or in kind regarding the rental fee are outside the scope of the certification obligation.
In the related communiqué, it is also stated that in the leasing of real estates with shares, if the entire rental amount is paid to the bank or PTT account of one of the lessors, the obligation to certify will be deemed to have been fulfilled, and it is explained that the receipts or account statement statements issued in return for collections and payments made through the bank or PTT by using instruments such as deposits, transfers, EFT, checks, debit and credit cards will be accepted as certifying documents.
For those who do not comply with the obligations set forth in the Communiqué, for each transaction;
- 20.000 Turkish Liras for first class merchants and self-employed persons,
- Second class merchants, book-keeping farmers and those whose earnings are determined in simple method are subject to 10.000 Turkish Liras,
- For those other than those listed above, 5.000 Turkish Liras,
It is stated that a special irregularity penalty of 10% of the amount subject to the transaction will be imposed.
In the Communiqué, it is stated that the total amount of special irregularity penalties to be imposed in a calendar year cannot exceed 20 million Turkish Liras, and if those who make payments without complying with the obligation to certify notify the administration within five business days following the payment, no special irregularity penalty will be imposed on behalf of the payer in accordance with the regulation.
Penalty amounts will be applied by increasing the revaluation rate determined according to the Tax Procedure Law every year.
The said penalties will be applied to those who have been within the scope of the obligation to certify since the publication date of Law No. 7524, and to non-taxpayers as of the publication date of this Communiqué.
This Communiqué repealed the Communiqué Serial No. 268 published in the Official Gazette dated 29.07.2008.
The Communiqué includes detailed examples regarding the implementation of the regulation.
You can access the relevant Communiqué here.
Sincerely,
BİLGENER
