THE TAX DEFERMENT IMPLEMENTATION FOR ELIGIBLE TAX PAYERS TO BE EFFECTIVE FROM 01.01.2018
Certain conveniences about deferment to the debts of the eligible tax payers have been provided by Law numbered. 6183, Article 48/a, which was added by Law numbered 7020 Article 7, effective from 01.01.2018.
According to the relevant article, to benefit from deferment, taxpayers must be fulfilling the following conditions:
- Being a taxpayer of income tax and corporation tax due to theircommercial, agricultural or professional activities, for a period of at least three (3) years by the day of application day,
- To have submitted tax declarations for the previous three years from the date of application within legal periods. (The declarations regarding a declaration rendered in due period, given for the purpose of correction or penitence however later than their legal periods, shall not be considered a violation of this clause.)
- The debt, which is within the scope of this article and has not been due for more than maximum one (1) year as of the date of application, has not been paid despite the debtor’s good faith towards payment.
Regarding the application of related article, Council of Ministers and Ministry of Finance have been authorized. The Council of Ministers’ Decree numbered 2018/11284 dated 24.02.2018 regarding to the authorization given to Council of Ministers has been published on Official Gazette no. 30342.
Afore-mentioned decision could be found in the attachment.
The criteria of the financial difficulties of the eligible tax-payers, have been determined in consideration of:
1- The books kept by public debtor,
2- The format of determination of cash rate to be used, liquidity ratios and leverage ratios
3- Deferment maturity periods of debts to be deferred based on these ratios
4- The ratio of deferred interest
by the Council of Minister’s decree no. 2018/11284.
The above mentioned criteria is valid for the debts accrued after 1.1.2018 and does not cover the tax debts accrued before December 2017 term.
The ratios indicated in the decision shall be calculated on the basis of the values determined according to the Uniform Chart of Accounts.
Within the scope of this article, the deferred interest rate shall be paid in accordance with the ratios indicated in the decision. For instance, deferred interest rate to be imposed on the debts of thetaxpayer with a determined financial difficulty at a level of 10, which will be deferred for six months shall be (0,01*0,05=) 0,0005 monthly.
On the other hand, the rate of the default interest to be deferred shall be calculated in accordance with the monthly domectic producer price index (Yİ_ÜFE) which diversifies monthly, announced by the Turkish Statistical Institute (TUİK) Default interest and additional charge for remorse are not covered under this scope