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In commercial transactions, the procedures and principles regarding the penalties to be imposed in case of non-issuance of invoices and similar documents or the issuance of documents of a different nature have been determined. The "General Communiqué on the Tax Procedure Law" prepared by the Ministry of Treasury and Finance has been published in the Official Gazette and has come into force.
Accordingly, if documents such as receipts, invoices, and freelance profession receipts specified in the Tax Procedure Law are not issued or received more than once within a calendar year, a tax penalty will be imposed on both the buyer and the seller for each detection, with an increasing rate. For example, the minimum penalty for not issuing an invoice is 10,000 lira for the first detection, 20,000 lira for the second detection, 30,000 lira for the third detection, 40,000 lira for the fourth detection, 50,000 lira for the fifth detection, and up to 100,000 lira for the sixth and subsequent detections.
IF THE BUYER NOTIFIES THE TAX OFFICE THAT NO INVOICE HAS BEEN ISSUED, NO PENALTY WILL BE IMPOSED
If those who are obliged to issue documents fail to fulfill this obligation and the buyer notifies the tax office of this situation within a maximum of 5 business days without entering the information of the tax office, no penalty will be imposed on the buyer. Accordingly, in cases where documents such as receipts, invoices, and freelance profession receipts are not issued, if the persons obliged to receive the document notify the tax office on their own within 5 business days that no document has been issued to them, no penal sanction will be applied to these persons. Those who do not issue the document will face a penalty of 3 times more for special irregularities. Additionally, if the seller provides a document other than those specified in the Tax Procedure Law to the buyer, and the buyer notifies the tax office of this situation on their own within 5 business days, no penalty will be imposed on the buyer, but a penalty of 6 times will be imposed on the seller.
A 50% INCREASED PENALTY WILL BE APPLIED FOR UNREGISTERED ACTIVITIES
The regulation also included explanations and examples regarding the application of a 50% increased tax loss penalty for individuals operating unregistered. In this context, penalties imposed on those who operate without establishing a tax liability outside the knowledge of the tax office will be applied with a 50% increase. If a new tax assessment is made for periods prior to the establishment of the tax liability, the penalties will also be applied with an increase. Furthermore, in cases where notifications regarding advertising, announcements, sales, and rental information in the digital environment are not made, are incomplete, or misleading, a separate penalty will be applied for each piece of information.
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