General Communique No: 2 has been published on the Official Gazette (dated March 25, 2023 and numbered 32143) for the procedures and principles regarding the allowances provided to the earthquake victim employees.

1. What are the conditions for this exemption?

To be able to benefit from the exemption, this allowance;

• Should be made from February 6, 2023, to July 31, 2023 (including these dates),
• Should be made for the employees whose her/himself, spouse, child, or parents were affected by the earthquake.
• If it is cash, should not exceed 50,000 TRY in total.
• Should be made in addition to the current salary, premium, bonus, etc.

With the 27th paragraph of Article 10 of "The Law No. 7440 on the Restructuring of Certain Receivables and the Amendment of Certain Laws" published in the Official Gazette No. 32130 on March 12, 2023, additional tax liability has been imposed on corporate taxpayers.

• By being shown in the corporate tax return for 2022, the exemption and deduction amounts subject to deduction from corporate income pursuant to the Law No. 5520 and the regulations in other laws, and the tax base subject to reduced corporate tax within the scope of Article 32/A of the same Law, at a rate of 10% without being associated with the period's income,
• Also, an additional tax of 5% is calculated on the exempt income obtained from abroad and proven to carry a tax burden of at least 15%, with the exception regulated in subparagraph (a) of the first paragraph of Article 5 of the Law No. 5520. The first installment of the relevant tax will be paid within the payment period of the corporate tax, and the second installment will be paid in the fourth month following this period.

Each year, the rental income earned by real persons are declared to the respective tax office with the Annual Income Declaration until the end of March (for 2022 income, 31st of March, 2023). The types of income that are within the scope of moveable assets except the rental income, are stated in the Income Tax Law Number 70. In order to declare the rent income, the lump sum expense method and actual expense method are implemented. As of 2022 tax year, for the rental income, the ratio of 15% would be used for lump sum expense calculations. In the below table, the related details are provided for rental income from residential and commercial places. For further detailed information please contact your customer representative or an expert.

The Law No: 7440 published on the Official Gazette dated March 13, 2023 and numbered 32130.

With that Law, the additional payments / allowances up to a limit amount of TRY 50,000, made to the earthquake victim employees (whose spouse, child or mother and father were affected), between the period February 6, 2023 – July 31, 2023, will be exempt from income tax (In Turkish), social security premium and stamp tax. (In Turkish)