Legislation

08April2015

Regulation on the Social Security Insurance of Domestic Service Workers

A communiqué regarding the social security insurance of domestic service workers within the scope of supplementary article 8 of the law on Social Security enumerated 5510 has been published and is in effect as of 01/04/2015. Domestic service work comprises domestic help such as cleaning, cooking, child as well as elderly care.

Domestic service workers are now categorized according to the days worked in a calendar month, threshold being 10 days. Accordingly, employers who employ domestic service workers 10 days or more are obliged to contribute the full SSI amount.

Author Selma Kıy, Category Social Security Law and Legislation, Taxation Law

06April2015

Anticipated Tax Benefits in Capital Increases

A new regulation¹ aimed at encouraging incorporations, limited liability and comandite companies² to invest in paid capital rather than foreign capital will enter into force on 01/07/2015 and allow:

A tax deduction³ for the paid portion of the increased capital to be calculated by the legally applicable interest rate.⁴ In the event where no profit is declared for the year in question, the tax deduction can be carried over to the subsequent tax year.

For companies who are considering a capital increase, it is recommended that they calculate the advantages to be gained with the new regulation.

Click here for the recent regulation⁵ (available only in Turkish) and contact your account representative for detailed information on the subject.

References:

www.tbmm.gov.tr

Law no : 6637 Date : 27/03/2015 Law amending certain laws and enactments.

The said regulation is currently submitted for approval to the Presidency, and upon approval, will go into effect on 01/07/2015.
Companies in finance, banking and insurance and state-controlled entities are out of scope of this regulation.
50% of the interest calculated at the related account period.
The latest interest rate with respect to commercial bank loans in TL currency as declared by the Cenral Bank of Türkiye.
See art. 8.

Author CottGroup Hukuk ve Mevzuat Ekibi, Category Taxation Law, Turkish Commercial Code

02April2015

Restructuring Period of General Health Insurance Premium Debts has been extended

(1) The application period stated in the temporary 53rd article of 31/5/2006 dated Social Secuirty and General Health Insurance Law number 5510, has been extended for 6 months as from the initial expiry date.

(2) The application period and the payment period for the 1st installment, which is stated in the temporary 60th article of the same law, has been extended for 6 months from the specified deadline in item (d) of the 1st clause of the respective article.

Category Taxation Law

31March2015

SSI Circular no. 2015/10 Concerning the Application for SSI Employer Incentives Retroactively

There are about ten different employer incentives in the social security and labour laws and regulations in Türkiye. These incentives serve the purpose of encouraging growth and sustainability of employment.

Employers are eligible to claim the incentive for a percentage of the 'employer' SSI premium portion. This portion is then subsequently paid by the Treasury.

In cases where the insured employee is eligible under multiple incentive laws and regulations, employers are only allowed to apply for one – not every applicable – incentive and indicate the applicable law in their monthly premium declarations.

Until recently, it was possible for employers to change the applicable incentives on a monthly basis and demand a retroactive application / calculation of the most recent incentive.

The recent SSI circular dated 18/03/2015 puts an end to retroactive application of SSI incentives in cases where an employer applies to change one SSI incentive in lieu of another.

Author CottGroup Hukuk ve Mevzuat Ekibi, Category Social Security Law and Legislation

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