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Turkey Amends General Communiqué on VAT Including Option for Full VAT Withholding on Supplies Subject to Partial Withholding — Orbitax Tax News & Alerts

Turkey's Revenue Administration has announced the publication of Communiqué No. 41 in the Official Gazette, which includes amendments to the General Communiqué on the Application of VAT (the VAT Communiqué).

One of the main amendments is the addition of a new section for optional full VAT withholding (reverse charge) in respect of services and deliveries that are subject to partial withholding as specified under Sections and of the VAT Communiqué, with certain exceptions. The new section provides that a buyer may enter into a contract with a seller for a period of one year, providing that the buyer is responsible for withholding, declaring, and paying VAT in full on transactions with the seller. Such contacts may be subsequently extended. This option is provided in relation to situations where a seller is subject to special provisions (principles) due to non-compliance, such as issuing false or misleading documents, failing to submit returns and other required documents, etc. In such situations, the buyer may be held jointly liable, even if they have declared and paid the partially withheld VAT for which they are responsible. To avoid this, buyers may elect the full VAT withholding option.

In addition to the new full VAT withholding option, General Communiqué No. 41 also includes:

  • New provisions for partial VAT withholding on deliveries of iron and steel products;
  • New provisions allowing manufacturers directly exporting goods to request refunds of up to 10% of the export value, instead of VAT incurred;
  • An increase in the VAT cash or credit refund limit from TRY 5,000 to TRY 10,000, without a tax inspection report, CPA report, or guarantee;
  • New provisions regarding the VAT rate changes introduced by Presidential Decision No. 5359, including the dual VAT rates of 8% and 18% for housing and the 18% VAT rate for used cars; and
  • Additional explanations regarding other VAT issues.

The VAT rate changes are effective from 1 April 2022, while the other changes of Communiqué No. 41 are generally effective from 1 May 2022.