Collateral obligation for importing taxpayers and automotive dealers
The “General Statement of the Tax Procedure Law” of the Tax Administration of the Ministry of Finance was published in the Official Gazette.
With the Communiqué, the procedures and principles of the Ministry’s power to obtain guarantees from taxpayers who are engaged in the trade of motor vehicles, defined in the scope of the respective law, were determined.
Consequently, individual importers and taxpayers who are their distributors in the automobile sector must provide a guarantee of 66 million lira in order to import.
CONDITIONS OF NON-PAYMENT OF SCT IN IMPORT OPERATIONS
In this context, individual importing taxpayers and their dealers, who do not qualify as dealers of a certain vehicle brand, were included in the scope of the guarantee.
In-scope taxpayers must provide a guarantee of 66 million TL in order to import.
On the other hand, with the same communiqué, the conditions that individual importing taxpayers must meet to obtain the required document to be able to carry out import operations without paying the special consumption tax were determined.
Consequently, these importers must have a paid-up capital of at least TL 5 million, have been engaged in motor vehicle trade for at least three calendar years prior to the certificate application date, and employ a minimum of five workers or staff.
CONDITION OF NO FISCAL RESPONSIBILITY
The criteria are that importers have not been found to have used/issued false/misleading documents in the last 5 years prior to the document request date, or that an import act or transaction has been submitted to the judicial authorities with the purpose of basis that the customs administrations must act, and that there is no tax debt at the date of request of the document, so they must be transported.
Taxpayers who are required to provide a guarantee may give money, indefinite and unconditional letters of guarantee granted by banks, indefinite and unconditional guarantees granted by insurance companies, internal public debt securities or documents issued instead of these titles as collateral.
IN ACTION AT THE BEGINNING OF FEBRUARY
There is no warranty obligation for dealers who are authorized to distribute and sell the motor vehicles of the vehicle make in question within the scope of the written agreements they have made with the motor vehicle manufacturers or their dealers within the scope of the distribution.
The Communiqué will enter into force at the beginning of next month. (AA)