Severance Pay Difference Income Tax Exemption

Question: Is Severance Pay Exempt From Income Tax?

Answer: According to Article 61 titled "Wage Description" of the Income Tax Law No. 193, wages are benefits that are provided with money and monthly payments for service, subject to the employer and affiliated with a specific workplace, and that can be represented with money. The fact that the salary has been paid as an allowance, indemnity, cash indemnity (financial liability indemnity) allowance, raise, advance, dues, attendance fee, premium, bonus, expense provision or under other names or is assigned as a certain percentage of the earnings, provided that it is not a partnership, does not change its nature.

In the subparagraph (1) of the article 94 titled "Tax Withholding" of the same Law, it was stipulated that the wages paid to the service providers and the payments that are written in article 61 and that the income tax withholding will be made according to the 103th and 104th articles.

Again, in Article 25 of the same Law titled "Compensation and Aids";

"The total amount of severance pay pursuant to Laws No. 1475 and 854 and the amount of severance payments paid pursuant to Law No. 5953 not exceeding 24 months of employee (wages paid without performing service are not considered as compensation);

Again, in Article 14 of Labor Law No. 1475 with the title "Severance Pay";

1. Except for the reasons indicated by the employer in the clause II of Article 17 of this Law,
2. By the worker in accordance with Article 16 of this Law,
3. Due to active-duty military service,
4. Termination in order to receive old age, retirement or invalidity pension or lump sum payments from the institutions or funds established by the law to which they are affiliated

In the event that a woman terminates voluntarily within one year from the date of marriage or terminates due to the death of the worker, the employer shall pay the employee a 30-day salary for each full year from the date of employment, during the continuation of the service contract. There is a provision that payments are made at the same rate for periods remaining from one year.

In the 16th article of the Labor Law numbered 1475, there are provisions regarding the conditions in which the employee can terminate the employment contract, and the article 17 of the same Law, there are provisions regarding the conditions in which the employer can terminate the employment contract.

On the other hand, in the 4th Article titled "Determining the Coefficients and Increasing the Wages" of the Public Servants Arbitration Board Decision dated 29/05/2012 and numbered 2012/1

(1) To be valid in the period of 1/01 / 2012-30 / 6/2012;

1. Regarding to Article 154 of the Civil Servants Law dated 14/7/1965 and numbered 657, the monthly coefficient to be applied in converting the figures in the monthly dashboard and additional indicator figures into monthly amounts is applied as (0.068835). The base monthly coefficient to be applied to the civil service base salary indicator (0.92105) is applied as (0.021287) the fringe benefit to be applied in the conversion of labor difficulties, job risks, difficulties in obtaining and financial liability increases into monthly amounts.
2. Those who are employed on a contractual basis in accordance with Article 3 (c) of the Decree Law No. 399. The wage ceiling of the employee was increased to 3,611.50 TL

... "is included.

Accordingly, the difference in severance pay paid to the personnel who left their job between 01/01/2012-31/05/2012 on the coefficients increased by the Decision of the Arbitral Board of Public Officials dated 29/05/2012 and numbered 2012/1; It will be considered within the scope of the exception according to section 7 of Article 25 of the Income Tax Law.