328 NEWSLETTER 2021 ministration was criticized by those who thought that the earnings derived through social media should be considered as self-employment income, rather than commercial earnings, since the activity does not require capital intensity but is based more on personal work, and scientific and professional knowledge.4 In addition, retrospective assessments were made in the direction of the Revenue Administration, before taxpayers. However, a significant portion of the lawsuits brought before tax courts against these assessments was concluded in favor of taxpayers.5 How Will the Earnings of Social Media Content Producers from These Activities be Taxed Under Law No. 7338? Income Tax Exemption According to the repetitive Article 20/B of ITL, introduced with Law No. 7338, the earnings of social media content producers derived from such activities as text, images, audio, and video shared over social network providers on the internet will be exempted from the income tax, starting from 1 January 2022. The exemption will still be applicable even if the provider derives incomes or revenues from other activities. To benefit from the income tax exemption introduced by Law No. 7338, two conditions must be met: • Taxpayers shall open a dedicated account in a bank established in Turkey and all revenue related to these activities should be collected exclusively through this account, and 4 Ergin, Numan Emre: “Sosyal medya fenomenlerinin ve Youtuberların vergilendirilmesi”, Dünya Gazetesi, https://www.dunya.com/kose-yazisi/sosyal-medya-fenomenlerinin-ve-youtuberlarin-vergilendirilmesi/610917 (Access date: 23.01.2022). 5 Ergin, Numan Emre: “Sosyal Medya Kazançlarının Vergilendirilmesinde Yeni Dönem ve Sorunlar”, Dünya Gazetesi, https://www.dunya.com/kose-yazisi/sosyal-medya-kazanclarinin-vergilendirilmesinde-yeni-donem-ve-sorunlar/637561 (Access date: 23.01.2022).
RkJQdWJsaXNoZXIy MjUzNjE=