With the Presidential Decree
No. 9284, the Withholding Tax Rate to be applied in Electronic Commerce was set
as 1%
As you remember, with the
amendment made to Article 94 of the Income Tax Law and Articles 15 and 30 of
the Corporate Tax Law by Law No. 7524, the payments made by intermediary
service providers and electronic commerce intermediary service providers to
service providers and electronic commerce service providers due to their
activities within the scope of the Law were included within the scope of
income/corporate tax withholding in accordance with the provisions of the Law
No. 6563 on the Regulation of Electronic Commerce.With the Presidential Decree
No. 9284 published in the Official Gazette dated 22/12/2024, the withholding
tax rate of intermediary service providers and electronic commerce intermediary
service providers on the payments they make to service providers and electronic
commerce service providers due to their activities within the scope of the Law
No. 6563 on the Regulation of Electronic Commerce was determined as 1%.
This Decree will enter into
force as of January 1, 2025.
The announcement of the
Revenue Administration on the subject is as follows;
Adjustments made by the
Presidential Decree No. 9284
With the regulations
introduced by Law No. 7524 published last July, withholding tax was introduced
for taxpayers operating in the field of electronic commerce in order to combat
informality and ensure tax security.
With the Presidential
Decree published, the withholding rate has been determined.
Following service
providers are in scope of the application:
1. Natural and legal
persons engaged in electronic commerce activities (service providers)
2. Intermediary service
providers that allow electronic commerce service providers to make contracts or
place orders for the supply of goods or services of electronic commerce service
providers in the electronic commerce marketplace
As of 1/1/2025, 1%
withholding tax will be applied on the payments to be made due to the
activities within the scope of the Law No. 6563 on the Regulation of Electronic
Commerce.
The following service
providers are obligated to withold;
·
Intermediary service providers (Natural and
legal persons who provide the electronic commerce environment for the economic
and commercial activities of others.)
·
Electronic commerce intermediary service
providers
Those who are liable
for withholding tax will make deductions from the payments they intermediate
and pay them to the tax office.
Income and corporate
taxpayers will offset these deducted taxes in their quarterly advance tax
returns and annual tax returns.
Taxes deducted in the
last quarter of the year in the annual declaration and the amounts that could
not be deducted in the provisional tax declarations will be deducted and
overpaid amounts will be refunded.
You can access the mentioned
Decree from the link https://gib.gov.tr/node/179183
Sincerely, for your
information.