The Draft Digital Services Tax Bill has
been presented, the main objective of which is to meet the challenges posed by
the taxation of the digital economy. The Bill introduces a new tax named as Digital Services Tax (DIGITAL SERVICES
TAX). The DIGITAL SERVICES TAX is set as an indirect tax, which is
consistent with the international Tax Treaties and VAT, and it would be deductible from Income/Corporate Tax
bases.
Taxable
Events/ Digital Services Revenue
The DIGITAL SERVICES TAX will be imposed
at a rate of 7,5%
(The President is authorized to reduce the rate down to 1% or increase by
twofolds for each type of digital services) on revenues generated from the following digital services that are
performed in Turkey;
i.
All types of
online advertising services (including
advertising controlling and performance measurement services, services relating
to the transmission and management of user data, technical services relating to
the presentation of the advertisements),
ii.
The sale of
audio, video or any digital content
in the digital environment; or any services performed in the digital
environment that enable such content to be listened, watched, played in
the digital environment; recorded or used in the electronical devices,
iii.
The
provision and management services of the digital environments that allow the
users to interact with each other (including the services that are performed to allow or facilitate
the sales of goods or services among the users),
iv.
The
intermediary services performed in the digital environment in relation to the
aforementioned services.
Such digital
services will be deemed to be performed in Turkey if any of the following conditions are met;
i.
The services
are performed in Turkey,
ii.
The services
are benefited from in Turkey,
iii.
The services
are perfomed aiming at the persons in Turkey,
iv.
The services
are accounted for in Turkey (If the payments in return for the services are
made in Turkey or if the payments in return for the services are made outside
Turkey but recorded or deducted in the Turkish books, such services will be
deemed to be accounted for in Turkey. Online advertising services that are
performed aiming at persons located outside Turkey are excluded.)
The taxable revenue will include the total gross revenues
whereby no deductions of expenses, costs or taxes will be allowed. Such revenue
to be derived from the aforementioned digital services performed in Turkey will
be subject to DIGITAL SERVICES TAX regardless of how the revenue is named such
as sales price, service price, transaction value, subscription fee, commission
fee etc and regardless of whether or not such fees are collected. The DIGITAL
SERVICES TAX will not be indicated separately on the invoices or similar
documents.
Taxpayer
The
taxpayers of the DIGITAL SERVICES TAX are those who are performing
the digital services regardless of whether or not they are tax
residents in Turkey or whether or not such services are performed through their
Turkish Permanent Establishments (PEs) in case the service provider is a
non-resident.
Additionally, it is stated that in case the service provider is a
non-resident, the Ministry of Treasury and Finance (the Ministry) may hold
those, who are parties to such transactions or those who act as an intermediary
of such transactions or payments, liable of payment of the taxes.
Threshold
Conditions
Under the Draft, only those with annual
worldwide revenue of €750
million or more (TRY equivalent is considered) during the
previous fiscal year and with
a total amount of taxable revenues from the digital services obtained in Turkey
exceeding TRY20 million
will be subject to DIGITAL SERVICES TAX. (The President is authorized to reduce
the thresholds down to 0 or increase by three folds for each digital service
type either separately or collectively) on In the case of entities
belonging to a group, the thresholds above shall be established by reference to
the group.
If both of
the thresholds are exceeded in the relevant fiscal year, the exemption will cease to exist and DIGITAL
SERVICES TAX will start to apply starting from the fourth taxation period
following the taxation period in which the thresholds are exceeded. In the
determination of whether or not the thresholds are exceeded, the quarter-end
digital service revenues shall be considered on a cumulative basis. On
the other hand, DIGITAL
SERVICES TAX liability will start again beginning from the
subsequent fiscal year, if either of the two thresholds is not met in two
consecutive fiscal years.
Compliance
and Other Obligations
The taxpayers are required to meet all the notification and documentation
requirements within the due dates following the announcements
of the Ministry. Unless such requirements are duly fulfilled, the service
provider will not benefit from the said exemption.
The DIGITAL
SERVICES TAX will be declared on a monthly basis. The Ministry is authorized to determine the taxation
period on quarterly basis depending on the type and volume of the digital
services. The DIGITAL
SERVICES TAX tax returns will be declared and paid until the end of the
following month.
In case tax filing and payment obligations are not fulfilled within the
due dates, the Ministry will notify the digital
services providers or their legal representatives in Turkey to fulfill
their obligations and this status will also be announced on the official website of Directorate of Revenue
Administration. If the obligations are not fulfilled within 30 days starting from the date of
the announcement, the Ministry is authorized to decline the access to
such services of digital services providers until the date their obligations
are duly fulfilled. Accordingly, the Ministry will inform the Information and Communication
Technologies Authority (ICTA), followed by the notification by
ICTA to be made to the relevant digital service providers. The access will be
declined within 24 hours
starting from the notification by ICTA.