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July 2006
FREE TRADE ZONES IN TURKEY


Free trade zones are defined as the regions that have been established with the intention of developing international trade and employment and though they are within the national boundaries of the countries, are left beyond the customs duty zones, in order that the tax and customs legislations to be applied. In the abovementioned zones, there are encouragement and advantages such as various tax exemptions, cheap import credits, cheap worker wages, profit transfer guarantees and diminishment of formalities. By means of the said guarantees and advantages, to develop investments and productions for export, to accelerate foreign capital and technology entry, to provide the input need of economy in a cheap and regular way, to be benefited from the means of foreign finance and commerce in a large scale, have been aimed.
            First free trade zones in our country have actually been established in Mersin and Antalya in 1987.
            Though the most important advantages being profited by the beneficiary companies in Turkey free trade zones were the tax exemptions including income, company and Value Addition Tax (VAT) taxes, pertained to the income obtained from the activities in the said free trade zones but these exemptions were limited by the new amendments. Due to the amendment of free trade zones have been deemed beyond the customs duty zones and cambio exchange obligations not to be applied in the said zones and in these regions tax legislations will be valid, the exemptions of full have been put to an end. In short, by means of this new legislation, the application of exemption has been transferred to the application of exception. The companies established in free trade zones and activating there by obtaining permissions, or other taxpayers though their establishments are situated beyond free trade zones have branches there, after 06.02.2004, are obliged to pay taxes for their benefits being obtained in free trade zones. That means, there haven’t been any difference between the taxpayers situated in free trade zones and the other taxpayers activating beyond these zones in Turkey.
            Besides, all of the income and profits, being obtained from the activities in free trade zones cab be transferred abroad or Turkey, irrespective of any permissions and tax obligations.
            Additionally, as the goods being sold to from Turkey to free trade zones are subject to the import regime and the benefactors of free trade zones can buy goods from Turkey without paying VAT, for the cost export price. Since the encouragements and advantages are equally provided by either foreign or national companies, they enable great advantages especially to the foreign companies. Besides the companies activating in free trade zones may get permissions up to 99 years. As for the goods there’s no limit for them to be kept there.
            As to the status of free circulation of trade remains the same, the goods imported into free trade zones concerning EU or Turkish origin or those that freely circulate in such regions, they are not under the obligation of paying customs duties either entering into Turkey or EU countries. Besides, the goods being imported from the countries whose origins aren’t EU or in case these goods are sent either to Turkey or other countries outside EU, there is no obligation of paying customs duties. However the goods exported to Turkey or EU member countries from free trade zones whose origin belonging to other countries consequently not in position of free circulation trade, customs duties are proportionally paid according to the tariff GATT.
            As for employment provided to the employers, either strike or lockout events cannot take place within established free trade zones for 10 years after beginning of activating there. Besides, the goods can be kept in free trade zones without any time limit. The authorizations being provided to the government institutions or establishments pertaining to the prices, qualities and standards aren’t to be applied in free trade zones.
            By means of the above mentioned facilities provided to the companies dealing in free trade zones, there have been an opportunity for the foreign capital and technology to be imported into the country and ability for the some raw materials and intermediary goods needed by industrialists to be obtained, goods of low cost productions to be exported and new possibilities for employment are to be realized.


          

PREVIOUS NEWSLETTERS:

July 2010 "THE NOTIFICATION RELATED TO PRODUCTS ON WHICH CUSTOM DUTIES ARE SUSPENDING AND WHICH WOULD HAVE TARIFF QUOTAS BY THE EUROPEAN UNION WAS PUBLISHED"
June 2010 "THE NOTICE REGARDING THE PRINCIPLES OF REGISTRATION OF SHARES TO THE BOARD AND SALE OF SHARES WAS PUBLISHED IN THE OFFICIAL GAZETTE DATED 3rd APRIL AND NUMBERED 27541"
May 2010 "THE AMENDMENTS HAVE BEEN MADE ON THE NOTIFICATION REGARDING THE RULES OF MERGING TRANSACTIONS"
April 2010 "THE GENERAL NOTIFICATION ON THE TAW PROCEDURE LAW HAS BEEN PUBLISHED"
March 2010 "The Act numbered 5951 "The Act regarding Alteration to be made in some acts and the Law on Procedure of Collection of Public Receivables" has been published in the Official Gazette dated 5th February 2010"
February 2010 "THE REGULATION ON CHANGING THE REGULATION WHICH IS ABOUT THE PRACTISE OF THE LAW ABOUT FOREIGNERS’ WORK PERMITS HAS BEEN PUBLISHED"
January 2010 "THE ANNOUNCEMENT ABOUT MAKING CHANGES ON THE ANNOUNCEMENT ABOUT INTERNATIONAL BANK ACCOUNT NUMBERS HAS BEEN PUBLISHED"
December 2009 "THE RE-ESTIMATION RATIO IN TAX PROCEDURE LAW HAS BEEN PUBLISHED"
November 2009 "THE ANNOUNCEMENT OF “THE TARIFF ABOUT MAKING A CHANGE ON THE TARIFF ABOUT ATTORNEYS MINIMUM FEE” HAS BEEN PUBLISHED"
October 2009 "THE DECLARATION ABOUT MAKING CHANGES ON THE DECLARATION CONCERNING THE MAXIMUM INTEREST RATES WHICH WILL BE APPLIED TO CREDIT CARD PROCEDURES HAS BEEN PUBLISHED."
July 2009 "THE ACT REGARDING THE ALTERATION OF THE PROPERTY OWNERSHIP LAW HAS BEEN PUBLISHED"
June 2009 "NOTIFICATION ON FINANCIAL CRIMES INVESTIGATION BOARD WAS PUBLISHED"
May 2009 "THE NOTICE ON APPLICABLE INTERESTS RATES ON REDISCOUNTS AND ADVANCES HAVE BEEN PUBLISHED."
April 2009 "THE LAW AMENDING SOME LAWS PUBLISHED IN THE OFFICIAL GAZETTE DATED 18.02.2009."
March 2009 "THE LAW AMENDING THE DECREE LAW ON PROTECTION OF TRADEMARKS HAS BEEN PUBLISHED."
February 2009 "THE NOTICE ON AMENDING THE NOTICE WHICH WAS ALTERED THE LAW ON REGULATION OF CHEQUE PAYMENTS AND PROTECTION OF HOLDERS OF CHEQUE WAS PUBLISHED"
January 2009 "The regulation on the acquisition of real property by foreign capital companies was published"
December 2008 "THE CONSTITUTIONAL COURT HAS ABOLISHED THE PROVISION WHICH WAS “PROHIBITED PRIVATE INDIVIDUALS AND LEGAL ENTITIES FROM TO GO ABROAD WHO ARE INDEBTED TO THE SAVING DEPOSIT INSURANCE FUND BOARD.”"
November 2008 "Ministry of Energy and Natural Resources Adopts a New Regulation on the State Geothermic Sources for Production of Electricity"
October 2008 "The Court of Appeal has ruled out that, the annual fee charged by banks for credit cards is unlawful."
September 2008 "Duty of Making Rent Payments Through Bank Transfer or Mail Order Brought by Paper Nr. 268 on Income Tax."
August 2008 "Real estate sale to foreign citizens re-regulated"
July 2008 "The Law on the Procedure of Collection of Public Debts is Amended"
June 2008 "The Constitutional Court approved the Istanbul 10th Enforcement Court’s appeal to strike out clause number 337/1 from the Bankruptcy and Enforcement Law which foresaw the 10 day disciplinary confinement for not declaring ones property."
May 2008 "Constitutional Court abrogated the subsection (d) of the article 3 of the Law on Direct Foreign Investment no. 4875 by its decision made on the 11.03.2008 and published on the Official Gazette on the 16.04.2008."
April 2008 "The Constitutional Court has rescinded the Paragraph (d) of the 3rd Article of the Law on Direct Foreign Investments no. 4875"
March 2008 "Amendments in the civil code, code of civil procedure of the code of intellectual and artistic works"
February 2008 "The Constitutional Court of Turkey Rejected The Annulment Case of The Law on Acquisition of Real Estates by Foreigners."
January 2008 "Law on Regulation of Internet Publishing and Struggle with Crimes Committed via Internet Publishing"
December 2007 "The Flat Ownership Act was amended on the 14.11.2007. One of the most significant amendments in the act is that any flat owner will not be entitled to carry out additional construction, repair, installation or painting in common areas of the building unless four fifth of the flat owners give their consent in writing for renovation."
November 2007 "With the law enacted in 9.11.2007, nuclear power plant construction and operation issues and principles of energy sales produced therein have been regulated. "
October 2007 "Intern lawyers will be able to work abroad"
April 2007 "Representative office establishment in Turkey"
March 2007 "Some Characteristics of Turkish Law on Foreign Employees and Employers"
February 2007 "Guarantee Contracts"
January 2007 "Validity Of Building Contracts In Return For Appartment Flats"
December 2006 "Leases In Big Shopping Centers,According To The Lessee's Point Of View"
November 2006 "Aexclusive Selling Contracts"
October 2006 "Acquisition of Rights on Intellectual and Artistic Works"
September 2006 "Letter Of Credit"
August 2006 "Real Estate Tax"
July 2006 "Free Trade Zones In Turkey"
June 2006 "Financial Lease Agreement Leasing"
May 2006 "Marital Property In Turkish Law"
April 2006 "Recogniton And Execution Of Foreign Courts Decrees"
March 2006 "Bank Guarantees In Turkish Law"
February 2006 "Basic Features Of Differencies Between A Limited Liability Company And A Joint Stock Corporation Under The Turkish Law"
January 2006 "The Measures Protecting The Rights Of Minority Of Shareholders In Joint Stock Companies"
December 2005 "Establshment Of A Lmted Lablty Company"
November 2005 "The Measures Protecting The Rights Of Minority Of Shareholders In Joint Stock Companies"
October 2005 "Divorce Causes In Turkish Law"
April 2005 "The Law Facilitating The Foreigners Purchasing Real Estates In Turkey Was Revoked By The Constitutional Court"
March 2005 "Turkey Is No Longer An Heaven For Piracy Of Works And Trademarks"
February 2005 "The Rights Of Intellectual And Artistic Works In Turkey"
January 2005 Agenda Of Turkey On The Way To Europe"
December 2004 "A Time For Turkeys Decision And Some Judicial Developments"
November 2004 "Recent News In Media For Foreign Investors "
October 2004 "Double Appeal System Was Also Accepted In Turkey"
September 2004 "The Latest Developments In Turkish Law"



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