22.07.2026 07:30
The Court of Cassation has put an end to the long-standing dispute between banks and customers regarding the Banking and Insurance Transactions Tax (BSMV). According to the decision published in the Official Gazette, it was ruled that banks can collect the BSMV from the consumer if it is explicitly stated in the credit agreement.
A striking decision has been issued by the Court of Cassation regarding the Banking and Insurance Transactions Tax (BSMV), which has been the subject of legal disputes between banks and customers for years. The 3rd Civil Chamber of the Court of Cassation ruled that BSMV can be passed on to the consumer if explicitly regulated in the consumer loan agreement. The decision was published in the Official Gazette dated July 22, 2026.
CONSUMER COURT HAD RULED IN FAVOR OF THE CONSUMER
The dispute began with a lawsuit filed by a consumer in Antalya seeking the refund of BSMV paid due to a loan they used. The consumer initiated enforcement proceedings against the bank to recover the tax paid. Following the bank's objection, the case was brought to court.
Antalya 3rd Consumer Court rejected the bank's objection, citing that the taxpayer for BSMV is the bank, the obligation cannot be imposed on the consumer through a contract, and the relevant clause was not negotiated with the consumer.
COURT OF CASSATION OVERTURNED THE DECISION
The 3rd Civil Chamber of the Court of Cassation, which reviewed the case upon the Ministry of Justice's appeal in the interest of law, reached a different conclusion.
The decision emphasized that in the consumer loan agreement signed between the parties, the consumer accepted to pay expense taxes and other taxes to the bank, and the BSMV was explicitly shown within the total repayment amount.
The Court of Cassation ruled that it is possible to pass BSMV on to the consumer provided it is explicitly regulated in the contract.
WHAT IS BSMV?
BSMV is known as a transaction tax levied on income obtained by banks, insurance companies, and financial institutions from the services they provide. Profits arising from financial transactions such as loan interest, insurance transactions, foreign currency purchases and sales, and leasing fall within the scope of this tax.