Amendments to the Value Added Tax Law;
Law No. 7491 "Law on Amendments to Certain Laws and Decree Laws" adopted on 27 December 2023 entered into force after being published in the Official Gazette dated 28.12.2023 and numbered 32413.
ARTICLE 30: A new subparagraph has been added to paragraph (1) of Article 29 of the Value Added Tax Law dated 25/10/1984 and numbered 3065. Accordingly, "ç) Value added tax declared and paid as responsible by those who are held responsible for making tax deductions," has been regulated as follows.
ARTICLE 31: The expression "right to discount" in the first paragraph of Article 36 of Law No. 3065 has been amended as "right to discount or refund" and the expression "right to discount" has been updated as "right to discount or refund".
ARTICLE 32: The expression "and those who are held responsible for making tax deductions" in paragraph (1) of Article 41 of the Law No. 3065 has been removed and the expression ", those who are held responsible for making tax deductions have submitted their Value Added Tax declarations until the evening of the 21st day of the month following the taxation period" has been added to the same paragraph to come after the expression "until the evening".
ARTICLE 33: The expression "and those held responsible for withholding tax," in paragraph (1) of Article 46 of the Law numbered 3065 has been removed and the expression ", those held responsible for withholding tax have been added to the same paragraph until the evening of the 23rd day of the month in which they will submit their value added taxes for a taxation period" has been added after the expression "until the evening of".
Click here for the Official Gazette. https://www.resmigazete.gov.tr/eskiler/2023/12/20231228-10.pdf
Experts on the subject;
Since the condition of the obligation to pay the VAT-2 declaration has not been fully clarified with the circular, whether the cash refund or offset can be requested after the amount in the VAT-2 declaration is paid, or whether the VAT-1 Declaration was submitted on the 21st day of the following month or on the 23rd day of the following month, which is the payment day of VAT-2 (which is the payment day of VAT-2), and whether the return or offsetting will be allowed / not allowed, can be interpreted according to the general communiqué and circular expected to be published in addition to the amendment law.
Senior executives in the legislation groups told SteelRadar, 'There is no clarity on this situation yet. We are in constant research, and we may provide information in case of a different development other than this information.
Will the payment be made in advance or will the offsetting take effect immediately? The Official Circular is expected for clear answers to the questions.
TÜRMOB's comment on the subject; https://www.turmob.org.tr/sirkuler/detailPdf/34ad6499-ba3f-46cc-a0ba-9e3d5eaf6296/aralik-2023-donemine-iliskin-sorumlu-sifatiyla-verilen-kdv-beyannamesi-29-ocak-2024-tarihine-kadar-v
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