The taxation of personal income is regulated by the Income Tax Law -
Gelir vergisi kanunu, N 193, 31.12.1960, hereinafter referred to as the Law). Under the general taxation system, income tax (PIT) is levied.
The procedure for paying PIT from income under an employment contract depends on three main factors:
- place of employment (in Turkey or abroad);
- the status of the employer (whether the employer is recognized as a tax agent);
- the tax status of the employee (whether an individual - the recipient of income is recognized as a tax resident in Turkey).
Remuneration for the performance of labor duties in Turkey is income from sources in Turkey (clause 1, article 7 of the Law). And remuneration for performing work duties outside Turkey is income from sources outside Turkey. At the same time, the place of performance of labor duties is determined not at the location of the employer, but at the place of work of the employee himself, taking into account the terms of his employment contract.
Recognition of wages as income from sources in Turkey or income from sources outside Turkey affects the procedure for taxation with income tax.
As a general rule, regardless of the place of employment, a Turkish employer is recognized as a tax agent in relation to the income of employees - both tax residents and non-residents. The tax agent must calculate, withhold and pay to the budget of the taxpayer (paragraph 2 of article 94 of the Law).
At the same time, a foreign organization that does not have a branch or representative office in Turkey, but which carries out economic activities in Turkey through a representative authorized to conclude contracts (Article 8 of the Law) can also be recognized as a tax agent. In this case, the foreign organization is recognized as having a "permanent establishment" in Turkey and is subject to tax registration.
Procedure for declaring and paying taxSeveral different tax periods are established for the taxpayer: if there is a tax agent - a
calendar month, and if the tax agent has no more than 10 employees - a
quarter (Articles 98, 108 of the Law); when paying tax by an individual on his own - a
calendar year (Article 108 of the Law).
As a general rule, if there is only income from employment for a Turkish employer, if there are no tax deductions other than the standard deductions, then filing a tax return is not required.
The employer submits a tax return for each month or quarter (reporting period for the tax agent)
by the 23rd day of the month following the reporting period (until January 23, April, July, October, if the reporting period is a quarter), and on that within the same period, he must pay the withheld tax (Articles 84, 109 of the Law). The declaration may be submitted, inter alia, by mail or electronically, at the choice of the taxpayer (Article 28 of the Law on Tax Procedures N 213 of 01.04.1961).
In the presence of income received from a person who is not a tax agent, or when claiming a tax deduction, employees must submit an annual tax return
from March 1 to April 25 of the next year (Article 92 of the Law). At the same time, there is a special rule that in case of moving from Turkey, the declaration must be submitted within 15 days after departure.
If there is a tax payable, in addition to that withheld by tax agents, it is
payable on the day the declaration is submitted (Article 120 of the Law).
If the declaration is submitted by mail, then the PIT must be paid within 7 days after the date of receipt of the declaration by the tax authority. The date of receipt is indicated in the receipt receipt (Article 109 of the Law).
Tax calculationFor tax purposes, tax exemption provides for a number of tax exemptions regardless of tax status - both for tax residents and non-residents, in particular (Articles 23, 63, 89 of the Law):
- insurance contributions to the pension fund, social insurance contributions, as well as contributions to trade union organizations;
- contributions of the employee and the employer for voluntary pension insurance, as well as 50% of contributions for life insurance of the employee, his spouse and minor children. The exemption is granted for insurance in Turkish organizations and within 15% of the wage or within the annual minimum wage;
- expenses for training and health care incurred in favor of the employee, his spouse and minor children. The exemption is granted when paying for services in Turkey and within 10% of the amount of wages.
- providing meals to employees within 51 Turkish Lira (₺) per day worked;
- transportation costs to and from the place of work within ₺25.5 per day worked.
The tax rate that applies to income from employment is progressive and applies regardless of the tax status of both the employee and the employer (Article 103 of the Law).
15% (income up to ₺32,000);
20% (income over ₺32,000 to ₺70,000);
27% (income over ₺70,000 to ₺250,000);
35% (income over ₺250,000 to ₺880,000);
40% (income over ₺880,000).
From the income of employees under an employment contract (both residents and non-residents) within the monthly salary up to ₺37,530,
unemployment insurance premiums are withheld -
1%.
In addition, from the salary of employees in Turkey (both residents and non-residents) within the monthly salary from ₺5,004 to ₺37,530,
social insurance contributions are withheld -
14%.
See
below for more information on social contributions from wages.
The following describes the features of the taxation of the PIT of wages, depending on the
tax status of an individual. A summary of the criteria for tax residence in Turkey is also provided.