Page 8 - EY-VG_Nisan_2022_v3

Vergide Gündem
English Translation

General Assembly of Tax Courts of Council

of State decided that the payments made
in accordance with the mutual rescission
agreement concluded before 27.03.2018

shall not be deemed in the nature of salary
income

It is decided with the Decision, numbered E.2021/6 and K.2021/8, published on
Official Gazette dated 05.02.2022, of General Assembly of Tax Courts of Council
of State that portion of the amount corresponding to extended term paid to the
employee after termination through extending minimum notice period stipulated
in article 17 of Labour Law numbered 4857 shall be deemed as notice pay and
therefore not in nature of salary income in the framework of mutual rescission
or termination agreement concluded before 27.03.2018 and to eliminate the
contradiction among decisions of different regional administrative courts given
regarding the case accordingly.

Comparison of exempt transactions carried
out via post and shipping between the EU

and Turkey in light of recent legislative
amendments:

As is known, with the Decree published in the Official Gazette dated 15.03.2022,
an amendment was made to the Decree no. 2009/15481, which regulates the
exemption from customs duties et al. In addition, in the European Union (“EU”),
there have been recent developments in VAT exemption for goods arriving via fast
cargo, which are particularly closely related to e-commerce companies. While the
most important development within the scope of the amendments made in Turkey
was the increase of Single and Fixed Tax rate from 20% to 30% for goods imported
from non-EU countries, in the EU, on the other hand, VAT e-commerce rules that
started to be implemented as of July 1, 2021, VAT exemption applied to low-value
goods has been abolished and facilitation has been introduced in the processes for
customs declaration and payment of VAT for the said goods.

Explanations in this article reflect the writer's personal view on the matter. EY and/or Kuzey YMM ve Bağımsız Denetim A.Ş. disclaim any responsibility
in respect of the information and explanations in the article. Please be advised to first receive professional assistance from the related experts before
initiating an application regarding a specific matter, since the legislation is changed frequently and is open to different interpretations.
8 April 2022