The purpose of the general investment incentive program is to; encourage, support and orient investments, in line with international commitments, in conformity with the objectives of Development Plans and Annual Programs, in order to reduce regional disparities within the country, create new employment opportunities, while taking advantage of advanced and appropriate technologies with greater added value and to realize international competitiveness. A set of incentives specifically designed to encourage investments is available in Turkey.
Mainly, these incentives can be classified as follows:
a) Investment incentives
b) Export - oriented incentives
c) Other tax / non-tax incentives
4.2.1 State Aids
The state incentives consist of application of reduced corporate income tax rates on earnings to be derived from the investments made in specified sectors and regions (effective from 28 February 2009), application of reduced corporate income tax rates in case of movement of certain types of investments to the regions specified (effective from 28 February 2009), customs duty exemption, VAT exemption and credit allocation from the Budget. In order to qualify for the state incentives, it is necessary to obtain an investment incentive certificate before the investment is initiated. To be eligible for incentives; the investments should amount to the following values:
A minimum value of TRL 200,000 and maximum value of TRL 2,000,000 for small and medium- sized enterprises (SMEs) A minimum value of TRL 1,000,000 for enterprises other than SMEs A minimum value of TRL 200,000 for financial leasing companiesApplication of Reduced Corporate Income Tax Rate on Earnings Derived from the Investments in Specified Sectors/Regions: With effect from 28 February 2009, a reduction of up to 90% in the corporate income tax rate will be possible on those earnings to be derived from the investments realized based on investment incentive certificate to be obtained from the Undersecretariat of Treasury in the specified regions and cities (to be determined by the Council of Ministers) in all the sectors, excluding the following:
Reduced Corporate Income Tax Rate Application Possibility on Earnings to be derived from the Production Plants in Certain Sectors which are moved to the Specified Regions until 31 December 2010: With effect from 28 February 2009, a reduction of up to 75% in the corporate income tax rate will be possible for earnings to be derived from the production plants in such sectors as textile, readyto- wear and leather clothes business, which are to be moved until 31 December 2010 to those cities to be specified by the Council of Ministers (those usually located in the regions having priority for development) for a period of the following five years from the date of movement of the investment to the specified regions- provided that an employment opportunity is provided to at least 50 workers in such plants.
Import Duties Exemption
Exemption from customs and other import duties on imported investment goods is available in many cases. 100% exemption from customs duties is usually granted if the investment is supported by an investment incentive certificate.
Within the scope of R&D Investments, importation of machinery and equipment and raw, semiprocessed materials and operating supplies are eligible for customs duties and fund levies exemption as well as the importation of used facilities and secondhand machinery and equipment under certain conditions.
Value Added Tax (VAT) Exemption for Imported and Locally Purchased Machinery and Equipment
Machinery and equipment imported or locally purchased within the scope an investment incentive certificate are exempt from VAT. It should be noted that purchases of services, operating supplies, spare parts and materials are not within the scope of VAT exemption even if they are related to machinery and equipment.
Loan Interest Support
The Treasury also provides support with respect to the interest on those loans that are borrowed for the purpose of realizing investments based on an investment certificate. Interest support is provided for investment projects by SMEs, research and development projects, environmental projects and projects in the regions having priority for development.
The Treasury supports for interest are 5% for TL loans, 2% for foreign currency loans. The Treasury provides interest support for the loans that has a maturity of more than a year. Interest support is provided for a maximum period of 4 years.
Resource Utilization Support Fund (RUSF) Exemption
External foreign exchange loans used within the scope of an investment incentive certificate are exempt from RUSF of 3%.
4.2.2. Regional Investment Incentives
Investment incentives are applied in the cities located in the regions having priority for development, those cities where income per capita is below USD 1,500 (Adiyaman, Afyonkarahisar, Agri, Aksaray, Amasya, Ardahan, Bartin, Batman, Bayburt, Bingöl, Bitlis, Çankiri, Diyarbakir, Düzce, Erzincan, Erzurum, Giresun, Gümüshane, Hakkari, Igdir, Kars, Kirsehir, Malatya, Mardin, Mus, Ordu, Osmaniye, Siirt, Sinop, Sivas, Sanliurfa, Sirnak, Tokat, Usak, Van, Yozgat), those cities which have a negative socio-economic development index (Artvin, Çorum, Elazig, Kahramanmaras, Karaman, Kastamonu, Kilis, Kütahya, Nevsehir, Nigde, Rize, Trabzon, Tunceli) and the provinces of Bozcaada and Gökçeada within Çanakkale.
Cancellation of Income Withholding Tax Liability on Salaries
There is an incentive provisionally in effect until 31 December 2009, under certain conditions through cancellation of income withholding tax liability calculated on the salaries of the employees working for the employers whose investments are located in the cities where the income per capita is below USD 1,500 or the cities which have a negative socio-economic development index.
Support for Social Security Insurance Premium- Employer’s Share
A financing support by the Turkish Treasury is provisionally available until 31 December 2009 with respect to 100% of the employer’s share of the social security premium for the employees employed in organized industrial zones or industry zones and 80% of the employer’s share of the social security premium for the employees employed outside these zones within the cities enumerated above.
Energy Support
20% of the electricity expense is financed by the Treasury for those operating in certain sectors provided that the minimum number of employees, as specified by Law No. 5084, are employed. 0.5 point is added to 20% for each extra employee employed over the minimum number. However, the maximum financing ratio is limited to 50% for organized industrial zones or industry zones and 40% for other locations (provisionally available until 31 December 2009).
4.2.3. Research and Development Incentives
R&D Expenditures Allowance
According to Corporate Income Tax Law, companies that conduct R&D activities which are approved by the Council of Science and Technical Research, universities and entities specialized in the subject of the research as “R&D activities ” and have the following characteristics can benefit from an allowance equal to 100% of the R&D expenditures in addition to deduction of the expenditure itself.
a) Searching for new technical information aimed at development of science and technology and/or for the purpose of elimination of uncertainties in certain scientific and technical areas,
b) Searching for development of new production methods, processes and operations,
c) Development of new products, materials and equipments, operations and systems via new methods as well as production of new techniques and prototypes by studies on designs and technical drawings
d) Searching for new technology that will result in cost reduction, quality improvements, and increase in performance level
e) Development of new and original software
R&D expenditures allowance which cannot be used due to insufficient corporate income profits, can be carried forward to be used in the following years.
Tax Exemptions Provided for Operations in Technology Development Zones
According to Technology Development Zones Law, Technology Development Zones (TDZ) may be formed by private sector companies within Turkey together with universities or high technology institutes exclusively for the purpose of carrying out Research and Development activities (including production of software) aimed at promoting technology development activities in Turkey.
TDZ is to be operated by an Operating Company. Operating Company must be established in the form of a corporation. At least one of the founding shareholders of the Operating Company has to be a university, a high technology institute or a state R&D institute. Legal entities with domestic or foreign capital may participate in the Operating Company either as founding or participating shareholders.
The following tax exemptions are available through TDZ Law*:
a) Provisional Tax Exemption for the Operating Company: Profits derived by a TDZ Operating Company from operation in TDZ in accordance with Law No. 4691 is exempted from income and corporate income tax until 31 December 2013.
b) Provisional Tax Exemption for Individuals/Entities Operating in TDZ: Individuals or entities that carry out R&D and software development activities within a TDZ are also exempt from income and corporate income taxes on their income derived from such activities until 31 December 2013.
c) Provisional Tax Exemption for the Salaried R&D Personnel Employed in TDZ: Salaries of the personnel employed in TDZ to carry out R&D and software development activities are exempt from all kinds of taxes until 31 December 2013.
d) VAT Exemption: Deliveries of software (for system management, data management, internet, mobile and military command control applications etc.) developed as a result of the activities performed in TDZs are exempt from VAT until 31 December 2013.
* The exemptions indicated in a), b) and c) above are also applicable to the Tübitak Marmara Research Center Technology FTZ Operator, income/corporate income tax payers operating in this FTZ and the salaried personnel working in this FTZ as software developer or researcher engaged in R&D activities.
4.2.4. Supports for Small and Medium Size Enterprises (SMEs)
There are various supports provided by “KOSGEB” (Administration for Support and Development of SMEs) for the new entrepreneurs and business enterprises operating in manufacturing sector and employing 1-150 workers.
Tax Exemptions for Operations in Turkish Free Trade Zones
Turkish Free Trade Zones (FTZs) are the areas specified by the Council of Ministers within the political borders of Turkey but considered outside the customs borders, where all types of industrial, commercial and certain types of service activities are encouraged through certain tax exemptions and incentives with the following objectives:
The Council of Ministers of Turkey is authorized to specify and determine the location and boundaries of FTZs in Turkey.
There are 21 FTZs which are currently operating in Turkey based on the relevant legislation in effect as of February 2009.
It is possible both for individuals and legal persons to operate in FTZs regardless of their residency status. In all cases, in order to operate in FTZs, it is compulsory to obtain an “Operation License” from the General Directorate of Free Trade Zones (GDFTZ) governed by the Undersecretariat of Foreign Trade.
If the application is accepted by the GDFTZ, an Operation License is granted for an appropriate period usually varying between 10-30 years (up to 99 years for very special projects) taking into consideration the request of the applicant, the type of activity to be conducted, the amount of the investment and other issues as applicable for each FTZ.
Important changes have been made in FTZ Legislation through Law No. 5084 with effect from 6 February 2004.
| Name / Location | Operator | Year of Starting Operations | |
| 1 | Mersin | MESBAŞ | 1987 |
| 2 | Antalya | ASBAŞ | 1987 |
| 3 | Aegean FTZ | ESBAŞ | 1990 |
| 4 | Istanbul Atatürk Airport FTZ | İSBİ | 1990 |
| 5 | Trabzon | TRANSBAŞ | 1992 |
| 6 | Istanbul Leather and Industry FTZ | DESBAŞ | 1995 |
| 7 | East Anatolia FTZ | DASBAŞ | 1995 |
| 8 | Mardin | MASBAŞ | 1995 |
| 9 | Istanbul Stock Exchange International Securities FTZ | ISE | 1997 |
| 10 | Izmir Menemen Leather FTZ | İDESBAŞ | 1998 |
| 11 | Rize | RISBAŞ | 1998 |
| 12 | Samsun | SASBAŞ | 1998 |
| 13 | Istanbul Thrace FTZ | ISBAŞ | 1998 |
| 14 | Kayseri | KAYSER | 1998 |
| 15 | European FTZ | Avrupa Serbest Bölgesi Kurucu ve İşletici A.Ş. | 1999 |
| 16 | Gaziantep | GASBAŞ | 1999 |
| 17 | Adana – Yumurtalık | TAYSEB | 1999 |
| 18 | Bursa | BUSEB | 2001 |
| 19 | Denizli | DENSER | 2001 |
| 20 | Kocaeli | KOSBAŞ | 2001 |
| 21 | Tübitak Marmara Center Technology Research | TUBITAK | 2002 |
The most important change is that income and corporate income tax exemptions in Turkish FTZs have been abolished with effect from 6 February 2004. However, those users already operating in Turkish FTZs based on a valid operation license obtained prior to 6 February 2004 shall still continue to benefit from income and corporate income tax exemptions within the limit of the operation period specified in their operation licenses.
The exemption from income withholding tax on the salaries of personnel employed in Turkish FTZs and the exemption from levies and duties, which were available until 31 December 2008, are no longer available starting from 2009.
However, income withholding tax exemption will continue to be available starting from 1 January 2009 only for those companies that are engaged in manufacturing within Turkish FTZs provided that certain conditions are satisfied as per FTZ General Communiqué No.1 about application of income withholding tax exemption on salaries. The major condition required is that the manufacturing company must export at least 85% of the total FOB value of the products manufactured within the Turkish FTZ. This exemption shall be provisionally applicable until the end of the year in which Turkey becomes full member of the European Union (EU).
The income tax exemption mentioned above does not cover withholding tax to be imposed on dividends to be distributed. Accordingly, dividends to be distributed by companies established and operating in Turkish FTZs to their shareholders shall be subject to 15% dividend withholding tax.
From among those users that obtained an operation license for production activities on 6 February 2004 or thereafter; only those earnings of such users which are generated from the sales of goods that are produced within Turkish FTZs shall be exempt from corporate income tax until the end of the year in which Turkey becomes full member of the European Union (EU).
Foreign exchange gains to be derived from collections of receivables from customers as well as income derived from additional charges made to customers for their late payments shall benefit from income / corporate income tax exemption, provided that they are related to the FTZ activities within the scope of the operation license.
Transfer of Profits/Liquidation Proceeds from FTZs
It is free to transfer profits, sale and liquidation proceeds obtained in FTZs to the other parts of Turkey as well as abroad. The only restriction is that the export of capital in kind from Turkey is subject to the permission of the Undersecretariat of Treasury.
Trading with Turkey
Goods that are sent to a FTZ from Turkey are treated according to the Foreign Trade Regime and considered exported from Turkey. Similarly, goods forwarded to Turkey from FTZs are subject to the Turkish Foreign Trade Regime and considered as imported under this Regime. Effectively, the Foreign Trade Regime does not apply to transactions between FTZ and other countries, nor does it apply to the transactions among the FTZs. Goods and services may freely be sent from FTZs to destinations outside Turkey.
Compulsory Contribution (“special levy”) To Be Made In Case of Trading
A compulsory contribution is required to be made by the FTZ users to the Special Account in the Central Bank of Turkey at a rate of 0.5% of
a) the CIF value of the goods imported into Turkish FTZs from foreign countries, (FTZ users who are not manufacturers and obtained operation license after 6 February 2004 are not subject to this contribution payment as of 1 May 2007)
b) the FOB value of the goods exported from Turkish FTZs to Turkey, (FTZ users who are not manufacturers and obtained operation license after 6 February 2004 are not subject to this contribution payment as of 1 May 2007)
Tax Exemption Under “Inward Processing Regime” (IPR)
Purchase of raw materials, spare parts and packing materials to be used in manufacturing of products which will be exported within the framework of an inward processing certificate or inward processing permission are exempt from customs duties.
Agreements, documents, declarations (including customs declarations) to be used with respect to transactions within the framework of inward processing permission are exempt from stamp tax and duties. State Aids Supporting Export Activities (Non-tax Incentives)
Corporate Income Tax Holiday for Private Education Enterprises and Operations of Rehabilitation Centers
There is a five-year corporate income tax holiday for earnings derived by private education enterprises (pre-school, primary and secondary schools) and rehabilitation centers operated by tax – exempt foundations and associations established for public benefits. The tax holiday starts from the first operation year.
Support of Sports activities Through Sponsorship
Sponsorship expenses are deductible from corporate income tax base depending on the sports activities being carried out on an amateur or professional basis: 100% for amateur sports activities, 50% for professional sports activities.
Cultural Investment Incentives
Cultural Investments Incentive Law (Law No. 5225) provides employment, energy and immovable property allocation support in order to promote cultural investments and protect cultural inheritances.
The Ministry of Culture and Tourism is authorized to allocate immovable property for the investors for a fixed period.
Also, there is a discount for the income withholding tax and social security premium employer’s share with respect to the salary payments made to the personnel employed by the investors who support the construction repair/operation of the immovables used for cultural activities as well as documentation, archiving and protection of cultural assets.
Additionally, there is energy support (20% of electricity and natural gas consumption are financed by the Treasury for 5 years) for these types of investments.
Deductible Expenses and Donations for Cultural Values and Natural Resources
Expenses and donations incurred for the activities related to protection, development, maintenance of Turkish Cultural Values and Inheritance with respect to the Law on Protection of Cultural Values and Natural Resources (Law No. 2863) is deductible from the corporate income tax base.
In addition there is a VAT exemption on restoration, restitution and building surveying projects within the scope of the Law on Protection of Cultural Values and Natural Resources.
Exemptions for Ships Registered in the International Ship Registry of Turkey (ISRT)
The exemptions for ships registered in the International Ship Registry of Turkey are as follows:
Agreements to be concluded for purchase/sale, mortgage registration, freight as well as loan agreements related to such ships are exempt from stamp taxes, duties and banking and insurance transaction tax.
Wages and renumeration paid to the employees working in ships and yachts which are registered in the International Ship Registry of Turkey are exempt from income tax and any kind of duties
Loan Interest Supports
There are loan interest supports for investments in priority development regions R&D and environmental investments, and investments of SMEs within the framework of an investment incentive certificate, provided that the loan term exceeds 1 year. The interest supports are 5 points for TRL loans and 2 points for foreign currency loans.
The above-mentioned interest supports are also available for 6 to 12 month-term loans related to R&D investments of operational equipments within the first operational year.
The interest supports are limited to certain amounts according to location and types of investment on project basis. The maximum interest support amounts are as follows:
There is no loan interest support for investments through financial leasing and for investments of used machinery and equipment. Subject Previous Tax Treatment (Prior to 1 July 2003) Tax Treatment After 1 July 2003 Depreciation Leasing company is eligible. Lessee is eligible. Tax accounting for lease payments Leasing company treat all the lease amount as taxable income. Lessee treats all the lease payments as corporate income tax deductible item Leasing company should differentiate between the interest income and principal. Only the interest income is taxable. Lessee should differentiate between the interest and principal. Only the interest is corporate income tax deductible
Resource Utilization Support Fund (“RUSF”) - Levy on Foreign Loans
External foreign currency denominated loans obtained by residents of Turkey for a period of less than one year (on the average) are subject to a levy (a compulsory contribution to “Resource Utilization Support Fund” – RUSF) of 3% of the principal on the borrowing date.
However, external foreign currency loans, obtained by banks and finance companies, are not subject to RUSF even if they are used for a period of less than one year.
There is an exemption from RUSF, provided that external foreign currency loans are obtained within the scope of an investment incentive certificate (pls also refer to 4.2.1.).
Additionally, RUSF is applied at the rate of 0% currently on those loans granted in Turkey in terms of Turkish Lira or foreign currency for the purpose of export financing as well as the foreign loans obtained by residents of Turkey for export financing purposes (including those loans granted for financing of foreign currency generating activities within the scope of export incentive certificate, inward processing permission certificate or tax and duty exemption certificate).
Financial Leasing
Effective for agreements concluded on or after July 1, 2003, the tax treatment of financial leases has been changed in Turkey in line with the International Financial Reporting Standards (IFRS). The changes which reflect the IFRS treatment of leases are summarized below:
| Subject |
Previous Tax Treatment (Prior to 1 July 2003) |
Tax Treatment After 1 July 2003 |
| Depreciation |
Leasing company is eligible. | Lessee is eligible. |
| Tax accounting for lease payments | Leasing company treat all the lease amount as taxable income.
|
Leasing company should
differentiate between the
interest income and principal.
Only the interest income is Lessee should differentiate between the interest and principal. Only the interest is corporate income tax deductible |
The new regime is applicable to all lease agreements (i.e. operational lease and financial lease) irrespective of the status of their parties. In this context, a leasing transaction between a lessor who is not registered as a financial leasing company under the relevant legislation and a lessee will be treated as financial leasing for tax purposes if the lease agreement have any of the following circumstances:
In addition, lease agreements of immovable assets can be considered as financial leasing if the lessee acquires the asset or the asset is transferred to the lessee at the end of the renting period.
The following specialized types of leases shall not be treated as lease agreements for tax purposes:
a) Lease agreements to explore for or use natural resources, such as oil, gas, timber, metals and other mineral rights,
b) Licensing agreements for such items as motion picture films, video recording, plays, manuscripts, patents and copyrights.
Export Financing**
Turk Eximbank is a state-owned bank acting as the Turkish government’s major export incentive instrument in Turkey’s sustainable export strategy. As Turkey’s official export credit agency, Turk Eximbank has been mandated to support foreign trade and Turkish contractors/investors operating overseas.
Türk Eximbank’s main objectives are promoting Turkey’s exports through diversification of exported goods and services by increasing the share of Turkish exporters in international trade, finding new markets for traditional and nontraditional export goods and providing exporters and overseas contractors with support to increase their competitiveness and to ensure a risk-free environment in international markets. As a means of aiding export development, Turk Eximbank offers specialized financial services through a variety of credit, insurance and guarantee programs.
Turk Eximbank supports exporters, export-oriented manufacturers, overseas investors and companies engaged in foreign currency generating services with short-, medium- and long-term cash and non-cash credit programs. Moreover, export receivables are discounted in order to increase export volume and to ease access into new and target markets through the promotion of sales on deferred payment conditions.
Turk Eximbank’s main sources of funds are direct funding from the Treasury through capital increases and transfers from extra-budgetary funds as well as through borrowing from commercial banks and international financial markets.