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Published: 04 Nov 2008 11:19:38 PST

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Turkey

Business Environment

Business practices

For further information
CoDA -Business Development Council
Closed hours and days
Banks are open from 8.30 am to 12 noon and from 1.30 pm to 5.30 pm Monday to Friday.
Public administrations: from 8.30 am to 12.30 pm and from 1.30 pm to 5.00 pm Monday to Friday.
Shops: from 9.00 am to 7.30 pm from Monday to Saturday and the few shopping malls from 10.00 am to 10.00 pm, 7/7.

In some Aegean and Mediterranean regions, public administrations and some establishments close in the afternoon during the summer season. These opening hours are fixed every year by the Provincial Governors.

Public holidays

New Year's Day (Yilbasi) 1 January
Children's Day (Çocuk Bayrami) 23 April
Youth and Sports Day (Gençlik Bayrami) 19 May
Victory Day (Zafer Bayrami) 30 August
Ramadan (Ramazan Bayrami) 31 August 2008 (changes every year)
Sugar Festival (Seker Bayrami) 30 September, 1 and 2 October 2008 (30 days after the festival of Ramadan)
Republic Day (Cumhuriyet Bayrami) 29 October
Festival of the Sacrifice (Kurban Bayrami) 20, 21, 22 and 23 December 2008 (changes every year)
Compensation day
If a public holiday falls on a week-end, it is not compensated for.
 

Periods when companies usually close

Cf. above

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Standards

National standards organizations
Turkish Stardards Institution
Integration in the international standards network
- Member of ISO (International Standard organization)
- Member of IEC (International Electrotechnical Commission)
Classification of standards
TSE is the national certification marking.
CE is the European certification marking.
Online consultation of standards
TSE
Certification organizations
TSE
AFNOR

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Legal framework

Independence of justice
Although the Turkish constitution guarantees independent judicial power, the government influences judges as it controls appointments, promotions and financing. For further information, click here.
Equal treatment of nationals and foreigners
Turkey is practically a constitutional State and reforms are introduced where necessary with a view to joining the European Union. Foreign nationals can in principle expect to benefit from an impartial trial in judicial matters. Corruption is a big problem and it exists in all domains. The government is introducing laws to fight it, but they are not implemented severely enough. In general, there is a certain culture of tolerance towards corruption among the population.
The language of justice
Turkish
Having recourse to an interpreter
Possible
Sources of the law and legal similarities
The main source of the law is the constitution of 1982. The country's judicial system is based on a system of civil law derived from different systems in continental Europe:
- Civil and company law close to the German model
- Law of obligations inspired by the Swiss code
- Penal law inspired by the Italian Penal Code
- Administrative Law inspired by that of France

Turkey is a member of the European Court of Human Rights (ECHR).
Consulting national laws online
Constitutional Council
Law on-line

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Intellectual Property

National organizations
Turkey is adapting the legal framework of industrial property to the directives of the EU. The main advances in this domain are the creation of the Turkish Patents Institute (TPI), the introduction of a regime of penal sanctions and the updating of the Law on Trademarks through a series of decrees.
Regional organizations
For the protection of patents: the European Patents Office.
International membership
Member of the WIPO
Signatory to the Paris Convention
Membership to TRIPS

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National regulation and international agreements

Type of property Law Validity International agreements signed
Patent The decree Law No. 551 20 years maximum
Patent Cooperation Treaty
Strasbourg agreement concerning the International Patent Classification
Trademark Trademarks Law
1995 / Decree Law N° 556
10 years Trademark law treaty
Nice agreement concerning the International classification of goods and Services for the Purposes of the registration of Marks
Protocol relating to the Madrid Agreement concerning the International Registration of Marks
Design Industrial Design Law
1995 / Decree Law N° 554
10 years, renewable once  
Copyright Copyright Law 1995/ During the life of the author and until 70 years after his death Berne convention for the protection of Literary and Artistic Works
Rome convention for the protection of performers, producers of phonograms and Broadcasting organizations
WIPO copyright treaty
WIPO performances and Phonograms treaty
Industrial Models Industrial Design Law
1995 / Decree Law N° 554
10 years  

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Tax rates

Consumption taxes

Nature of the tax
KDV: Katki Deger Vergisi (= Value added tax)
Tax rate
18%
Reduced tax rate
1% and 8%.
Other consumption taxes
OTV (Özel Tüketim Vergisi = Special consumption tax) concerns petroleum products, vehicles, tobacco, alcohol, sodas and luxury products.

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Corporate taxes

Tax rate
Tax rate for foreign companies
Turkish companies are taxed on their global income, while companies whose headquarters and "effective management" are abroad are only taxed on their income in Turkey.
Capital gains taxation
Long term capital gains are taxed in Turkey at the normal IS rate.
Main allowable deductions and tax credit
40% of expenses for research and development inside a company are deductible from the tax base. For further details, click here.
Other corporate taxes
For further information, click here

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Individual taxes

Tax rate
Allowable deductions and tax credit
The set annual deduction must not go over 35% of the salary. There are other deductions which depend on each person's status (marriage, dependent children, etc.).
Special expatriate tax regime
There is no tax for expats. Equal treatment for locals and expats.

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Double taxation treaties

Countries with whom a double taxation treaty have been signed
Worldwide Tax .
Whithholding taxes
Bilateral agreement

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Accounting rules

Tax year
The tax year begins on 1 January and finishes on 31 December of the same year.
Accounting standards
Since the control of accounts has no longer been totally under government influence, account certification has been carried out in agreement with the " Turkish Code of Commerce".
The results obtained have to be sent to the Ministry of Finance.
Accounting regulation bodies
Banking Regulation and Supervision Agency
Organization of Turkish accounting standards
Accounting reports
CONSOLIDATED BALANCE SHEET
ASSETS
FLOATING ASSETS
- liquid assets
- Treasury bonds
- short term investments
- receivables
- stocks
- other floating assets
TOTAL FLOATING ASSETS (I)
FIXED ASSETS
- commercial receivables
Publication
The balance sheet and the profit and loss account must be expressed in Turkish currency and drawn up in a clear, complete and easily understandable way quarterly and annually (annual accounting balance sheet).
Professional accountancy bodies
Expert Accountants' Association of Turkey
Union of Chambers of Certified Public Accountants of Turkey (TÜRMOB)
Certification and auditing
Audit companies:
- Mazars Denge
- Pricewaterhouse Coopers
Accounting news
Turkish accounting news

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Source: FITA

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