What are your views on the ethical / moral standpoint of selling citizenship or residency in exchange for real estate investment? How does your jurisdiction monitor the source of investor funds?

The investor programme is expected to bring a lot of foreign currency to Turkey. There is a considerable demand from the Gulf area, but it is not yet that easy to conclude how this will unfold because the legislation is so recent. As well as residency, there are other paths to citizenship, such as job […]

NEW DECISION OF DATA PROTECTION BOARD REGARDING ACCESS AUTHORIZATION OF COMPANY EMPLOYEES

Following enactment of Data Protection Law with no 6698 (“Law”), Data Protection Authority (“Authority”) has started to render its decisions on particular issues related to data security for explanatory purposes. In this respect, the Authority has made explanations for access authorization of company employees through its principle decision with the date of 31.05.2018, with the […]

What are the specific immigration requirements in order to attain citizenship in your jurisdiction for any foreigner (independently of whether or not they are an investor)?

There are no citizenship tests or language requirements in Turkey as per the current legislation. As to Turkish residency, if you have not acquired a property for USD1 million, but say USD300,000, you are still entitled to apply for citizenship, but you need to be resident for eight years without interruption

DATA PROTECTION AUTHORITY DECLARES THE CONTRACTUAL CLAUSES TO BE UTILISED IN CROSS-BORDER DATA TRANSFERS

Turkish legislation on personal data protection continues to develop with the resolutions and declarations of the Turkish Data Protection Authority (“DPA”). The recent developments shed light on the transfer of personal data outside Turkey without relying on the explicit consent of the data subject and the data controllers who will be kept exempt from the […]

Zihni BilgehanSenior Partner, Ersoy Bilgehan

What is the policy around taxation of assets if a HNW takes residency in your jurisdiction? What strategies can be used to mitigate tax when transferring international real estate assets?

The tax treatment doesn’t change when you become a Turkish citizen, because income tax is only applicable if you sell the property within the first five years as per the current legislation. If you do sell the property during that period, you may be exposed to income tax. As stated earlier, you should not sell […]

ZONING FORBEARANCE

The Law on Restructuring of Tax and Some Other Receivables and Amending Some Other Codes with no. 7143 (the “Law”), published in the Official Gazette dated 18 May 2018 and numbered 30425, introduced Provisional Article 16 into the Zoning Law with no. 3194. Pursuant to this article, owners of buildings which fall within the scope […]

THE RECENT LEGISLATION ON STOWAWAYS: IS THIS A PRECURSOR TO THE UPCOMING CHANGES IN PRACTICE IN TURKEY?

The amendments to the annex to the Convention on Facilitation of International Maritime Traffic (“The Convention”) were recently ratified by the Council of Ministers and entered into force on 19.03.2018 after being published in the Official Gazette. Turkey has been a party to the initial text of the Convention since 13.03.2016 but did not adopt […]

Zihni BilgehanSenior Partner, Ersoy Bilgehan

THE GOVERNMENT DOUBLED THE MINIMUM LIMITS OF MANDATORY COVER FOR SHORE FACILITIES MARINE POLLUTION LIABILITY INSURANCE

It is mandatory for shore facilities — ports, terminals, refineries, shipyards, recycling yards and similar — to obtain insurance cover for marine pollution liability pursuant to the Law no. 5312[1]. Minimum limits of cover are set by the Prime Ministry and the Treasury Undersecretariat and the previously applicable limits were updated by the new limits published […]

Zihni BilgehanSenior Partner, Ersoy Bilgehan