New Ruling of the Constitutional Court Unravelling Legal Inconsistencies

The Turkish Constitutional Court has recently issued a notable decision on the matter of inconsistencies observed in the decisions rendered by 13th Civil Chamber of the Court of Appeal (“Chamber”) regarding non-pecuniary damages cases filed on the grounds of damage to the right of personality due to breach of contract.

Notary Public

Details of Notary Publics’ New Authority in respect of Sale of Real Properties Announced. For citizenship applications based on the execution of a promise to sell real property agreement, the real property sales amount required by the legislation for eligibility of citizenship acquisition – which is currently USD 400,000 – must now be paid in a single contract…

New Guidelines for Acquisition of Turkish Citizenship

A newly revised set of rules (“Guideline”) concerning the acquisition of Turkish Citizenship through purchase of real property was published by the Foreign Affairs Department of the General Directorate of Land Registry and Cadastre on 20 December 2022..

Real Estate

On 28 June 2022, law numbered 7413 (“Law”) which consists of amendments to certain laws was published in the Official Gazette. The Law..

Residential Lease Rental Fees

On 11 June 2022, law numbered 7409 (“Law”) which consists of amendments to certain laws was published..

New Rules for Online Advertisements

A new Tax Procedural Law General Communique (Item No: 538) (“Communique”) was published in the official gazette..

Changes to Turkish Citizenship Acquisition Requirements

Law dated February 11, 2010 and numbered 2010/139 (the “Regulation”) was published in the Official Gazette on May 13, 2022. As per some of these new amendments..

Details of Valuable Residential Real Property Tax Revealed

On 15 January 2021, the Turkish Ministry of Treasury and Finance published the general communique (“Communique”) regarding the newly introduced “valuable residential real property tax”, which was first announced at the end of 2019. Valuable residential real property tax which has received strong criticism after being introduced, was extensively amended shortly after its announcement and was postponed for a period of one year.

Communique details the specifics of the tax by also including examples on how the tax will be applied as well as its calculation methods. Some of the highlights of the Communique can be summarized as follows:

  • Those residential real properties located within Turkey and has a building tax value amount (this value determined as per Real Estate Tax Law numbered 1319 (“Law”)) of more than TRY 5,227,000 (this is the amount announced by certain tax advisors as the currently applicable amount and will be subject to increase each year) will be subject to valuable residential real property tax. This tax is to be paid by the owner of the real property or the holder of real property usufruct right.
  • The part of the building tax value exceeding the above amount and applied in the relevant year will constitute the tax base of the valuable residential property tax. Tax rate varies between ‰ 3 – ‰ 10 for different thresholds of the tax base.
  • Some of the exemptions are as follows: (i) Residential properties owned by certain governmental authorities, municipalities and universities, (ii) those persons owning only one valuable real property (qualified to be under Law), (iii) valuable residential property with the lowest value, in case the person owns more than one valuable residential property, are exempt from valuable residential property tax.
  • Valuable real property taxpayers are required to file their tax returns by February 20th of every year and the tax can be paid in two installments in February and August of the relevant year.