viernes, 25 de noviembre de 2016

Turkey: New withholding tax obligation on e-business

A law published in Turkey’s official gazette on 7 September 2016 (and effective as from that date) introduces a new withholding tax obligation that encompasses payments made through e-business and other online activities. The rules are incorporated in the existing Tax Procedures Code (TPC), the Income Tax Law and the Corporate Tax Law, in the relevant provisions governing the withholding tax obligations of resident and nonresident taxpayers.

The Council of Ministers is authorized to determine the extent of withholding tax liability for parties (buyers and sellers) and/or intermediaries involved in taxable transactions, regardless of the following:

  • Whether the recipient of the payment is a taxpayer in Turkey;
  • Whether the payer or intermediary is obliged to withhold tax;
  • Whether the payment relates to the trading of goods or services;
  • Whether the transaction is carried out electronically or otherwise; or
  • Whether the payment has been deducted from the tax base of the payer.

The council also is authorized to determine the withholding tax rates to be applied within the minimum and maximum limits specified by the relevant tax legislation with respect to business groups, types of operations, sectors and commodity groups.

The Council of Ministers is expected to issue the relevant decree (or decrees) in the near future.

Source & more info: Deloitte

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