SCREENING CHAPTER 16 TAXATION AGENDA ITEM EXCISE DUTY

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SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY OTHER CONSUMPTION GOODS Country Session:

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY OTHER CONSUMPTION GOODS Country Session: The Republic of TURKEY 11 -12 July 2006

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY CONTENTS 1. Legislation 2. Goods

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY CONTENTS 1. Legislation 2. Goods Within the Scope 3. Taxation of Other Consumption Goods 4. CN Codes of Other Consumption Goods 5. Taxable Event 6. Taxpayer 7. Tax Base 8. Authority of the Council of Ministers Regarding Tax Rates 9. Declaration, Assessment and Payment of Duty 10. Exemptions 11 -12 July 2006 The Republic of TURKEY 2

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 1 - LEGISLATION q Law

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 1 - LEGISLATION q Law on Excise Duty, No : 4760 q Cabinet Decrees q Communiqués on Excise Duty 11 -12 July 2006 The Republic of TURKEY 3

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 2. GOODS WITHIN THE SCOPE

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 2. GOODS WITHIN THE SCOPE There are 117 CN Codes in List No: (IV) annexed to the Excise Duty Law No: 4760, under which other consumption goods placed 11 -12 July 2006 The Republic of TURKEY 4

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 2. GOODS WITHIN THE SCOPE

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 2. GOODS WITHIN THE SCOPE (cont’d) Some of other consumption goods laid down in List No (IV) are: Ø Caviar Ø Furs Ø Precious stones Ø Cosmetics Ø Refrigerators, freezers Ø Mobile phones Ø Revolvers 11 -12 July 2006 The Republic of TURKEY 5

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 3. TAXATION OF OTHER CONSUMPTION

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 3. TAXATION OF OTHER CONSUMPTION GOODS q No application of minimum specific tax q Application of proportional excise duty q Tax rates applied are 6, 7% and 20% 11 -12 July 2006 The Republic of TURKEY 6

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 4. CN CODES OF OTHER

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 4. CN CODES OF OTHER CONSUMPTION GOODS AND THEIR TAX RATES CN CODE 84. 15 84. 18 85. 19 85. 28 1604. 30 43 71. 03 33. 07 8525. 20. 91. 00. 11 9405. 10. 50. 11 9302. 00 11 -12 July 2006 Name of Goods Tax Rates Air conditioning machines 6, 7 % Refrigerators, freezers 6, 7 % Record players, cassette players 6, 7 % Reception apparatus for TV 6, 7 % Caviar 20 % Furs 20 % Precious stones 20 % Cosmetics 20 % Mobile phones 20 % Crystal chandeliers 20 % Revolvers 20 % The Republic of TURKEY 7

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 5. TAXABLE EVENT (Article 3)

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 5. TAXABLE EVENT (Article 3) Taxable event occurs for the goods in this List is their Ø importation, Ø delivery by their manufacturers, Ø sale by auction before excise duty is applied. 11 -12 July 2006 The Republic of TURKEY 8

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 5. TAXABLE EVENT (cont’d) Taxable

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 5. TAXABLE EVENT (cont’d) Taxable event occurs on importation of the goods laid down in List No (IV) is: Ø incurrence of the liability to pay import duties, Ø registration of customs declaration pursuant to Customs Law No: 4458. 11 -12 July 2006 The Republic of TURKEY 9

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 6. TAX PAYER (Madde 4)

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 6. TAX PAYER (Madde 4) Taxpayers of duty for goods involved are the persons who Ø manufacture, Ø import, Ø sell by auction before excise duty is applied. 11 -12 July 2006 The Republic of TURKEY 10

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 7. TAX BASE (Article 11)

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 7. TAX BASE (Article 11) Tax base of excise duty for goods involved in this List is the base of value added tax, excluding excise duty. 11 -12 July 2006 The Republic of TURKEY 11

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 8. AUTHORITY OF THE COUNCIL

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 8. AUTHORITY OF THE COUNCIL OF MINISTERS REGARDING TAX RATES (Article 12) The Council of Ministers has the authority Ø to decrease rates down to zero for each products, Ø to increase up to 25% for goods in this List. 11 -12 July 2006 The Republic of TURKEY 12

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 9. DECLARATION, ASSESSMENT AND PAYMENT

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 9. DECLARATION, ASSESSMENT AND PAYMENT OF DUTY (Article 14) q Taxation period is each monthly period of calendar year. q Tax return is submitted to tax office until the 15 th day of the month following the end of the taxation period. q The duty is paid within the submission period. 11 -12 July 2006 The Republic of TURKEY 13

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 10. EXEMPTIONS a. Common Exemptions

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY 10. EXEMPTIONS a. Common Exemptions b. Diplomatic Exemption c. Special Exemptions to List No (IV) a. - Exemption on security institutions’ guns purchasing - Exemption on deliveries of goods to public institutions free of charge 11 -12 July 2006 The Republic of TURKEY 14

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY a. Common Exemptions Common exemptions

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY a. Common Exemptions Common exemptions for the Lists annexed to Excise Duty Law indicated below are also valid for other consumption goods; Ø exportation exemption Ø supply of good destined for export Ø importation exemptions 11 -12 July 2006 The Republic of TURKEY 15

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY b. Diplomatic Exemption For goods

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY b. Diplomatic Exemption For goods in List No (IV) diplomatic exemption is not foreseen. 11 -12 July 2006 The Republic of TURKEY 16

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY c. Special Exemptions to List

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY c. Special Exemptions to List No (IV) There are two exemptions foreseen only for the goods laid down in this List; Ø Exemption on acquisition of guns by security forces, Ø Delivery of goods in List No (IV) to public bodies free of charge. 11 -12 July 2006 The Republic of TURKEY 17

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY • Exemption on security institutions’

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY • Exemption on security institutions’ guns purchasing (Article 7) q Deliveries to Ø Ministry of National Defence, Ø Commandership of Coastal Guard, Ø National Intelligence Organisation, Ø General Directorate of Public Security, Ø General Directorate of Customs Guard Ø General Commandership of Gendarmerie q Importation by these institutions of goods listed in List No: (IV) (CN Codes 9302. 00 and 93. 03 exc. ) 11 -12 July 2006 The Republic of TURKEY 18

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY • Exemption on deliveries of

SCREENING CHAPTER 16 TAXATION AGENDA ITEM : EXCISE DUTY • Exemption on deliveries of goods to public institutions free of charge (Article 7) q According to Article 7/5 of Law, free of charge delivery to or import of goods laid down in List: (IV) by Ø general or annexed budget governmental agencies Ø special provincial administrations Ø municipalities Ø villages Ø and unions established by any of these are exempted. 11 -12 July 2006 The Republic of TURKEY 19