NEWSLETTER-2020-metin

327 TAX LAW withholding tax returns, as well as value added tax returns, and special consumption tax returns to be submitted to the tax offices affiliated with the Ministry of Treasury and Fi- nance. Additionally, the statement of “tax” shall be conside- red to be the taxes that have accrued upon submission of the abovementioned tax returns. Additionally, in the first version of the Regulation, it was stated that late payments up to TRY 10 would not be consi- dered as a violation of timely tax payments. However, many lawsuits have been filed due to the late payment of the fixed stamp taxes arising from the submission of tax returns. After these developments, the amount of “TRY 10” in the Article has been replaced with “TRY 250.” Finally, this amount was completely abolished through Law No. 7194, and no monetary limitation is envisaged under the aforementioned Regulation. These two amendments brought by Law No. 7194 are based entirely on cases filed by the taxpayers who cannot benefit from the tax reduction because of the late payment of the stamp taxes that accrued in relation to the taxpayers’ returns, except for stamp taxes returns. In the court decisions ren- dered in this subject, it is stated that the stamp taxes arising from the submission of a return cannot be evaluated within this scope, and that prevention of benefiting from the tax reduction by these small numbers is contrary to the intended purpose of the Regulation. With these amendments, the legal gap in the Article reflected in the court decisions has been resolved. b) The taxpayer is not subject to any additional tax assessment by the Turkish tax authorities in the year the discount is app- lied and for the two preceding years; This condition shall not be deemed to have been violated if the assessments have been removed by final judgment, or according to settlement or rectification provisions.