April 2009
THE LAW AMENDING SOME LAWS PUBLISHED IN THE OFFICIAL GAZETTE DATED 18.02.2009.
THE LAW AMENDING SOME LAWS, which was numbered 5838 and published in the Official Gazette dated 18.02.2009, has introduced fundamental alterations as determined as below. By this law, not only number of regulations but also regarding export value added tax and Regulation of Payment by Cheque and Protection of Holders of Cheque have been considerably amended.
According to Article 11 and 12 of THE LAW AMENDING SOME LAWS;
ARTICLE 11 - First paragraph of Article 12 of Law on Value Added Tax which was numbered 6035 and dated 25.10.1984 has been amended as below:
“1. The below conditions should be fulfilled in order to a delivery to be deemed as an export delivery:
a) The delivery should be made to a customer in abroad or a purchaser in a free trade zone or an authorized administrator of customs warehouse or goods to be entrusted to an authorized administrator of customs warehouse.
b) Goods subject to delivery should be exited from customs area of Republic of Turkey and should arrive to a foreign country or arrive to a free trade zone or should be put in an authorized customs warehouse. It does not change the said situation if goods is processed before being exported by domestic firms which act for and on behalf of a purchaser in abroad or goods is processed by purchaser himself or in any form whatsoever goods is processed.
The Finance Ministry has authority to determine authorized customs warehouses and the necessary documentation to be prepared by the customs warehouses, diversity and amount of goods to be kept and to bring restrictions regarding waiting time of goods in the warehouse with the Undersecretariat of Customs’ opinion provided.
In case of violation of rules set by this paragraph regarding operation of authorized customs warehouses the person who received value added tax return and administrator of warehouse shall be joint liable for tax detriment and related penalties and default interest which will be calculated.”
ARTICLE 12 - The statement which takes place in second paragraph of Article 29 of Law on Value Added Tax (Act No. 3065) which was “The tax is returned in cash if it cannot be returned on account in its tax year. The Council of Ministers is entitled to foreclose the right of return of value added tax where the value added tax is levied in consequence of economic values that subject to amortization and in sectors where the tax rate has been reduced in consideration of groups of services and goods. The Finance Ministry is entitled to determine procedure and application of this paragraph” has been changed as “If the tax cannot be returned on account in its tax year is returned in the following tax year if it is claimed or it may be returned on account to tax-payer’s debts that is listed as above. The Council of Ministers is entitled to totally or partially foreclose the right of return of value added tax in sectors considering group of goods and services where the rate of tax has been reduced or foreclose within the limit of value added tax which is levied in consequence of economic values that subject to amortization. The Finance Ministry is entitled to determine procedure and application of this paragraph. “
Article 18 of the said Law has been introduced considerable changes on payments by cheque as shown as below:
ARTICLE 18 - A provisional article has been added to Act on Regulation of Payment by Cheque and Protection of Holders of Cheque which Act No. 3167 and dated 13.3.1985. The provisional clause is as below:
“PROVISIONAL ARTICLE 2 - The presentation of cheque to the drawee bank will be invalid until 31.12.2009 if it is presented before the drawing date.
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