Cabinet Degree on Disguised Profit Distribution Through Transfer Pricing numbered 2007/12888, dated 27.11.2007, has been amended by the Presidential Decree numbered 2151, dated 24.02.2020, in accordance with Article 13 of Corporate Income Tax Code numbered 5520.
The Presidential Decree basically envisages the followings:
- Amendments have been made on definition of related party;
- Master file and CbCR (Country by Country Reporting) Documentation Requirement is regulated besides the Local File requirement which has still been in force.
The Presidential Decree introduces new documentation requirements for the Multinational Companies with regards to transfer pricing rules. It also envisages that the tax loss penalty will be applied at a 50% discount for the taxes not accrued in time or not accrued completely within the scope of Disguised Profit Distribution through Transfer Pricing under the condition that the documentation requirements are fulfilled thoroughly and on time.
In this context, timely fulfillment of transfer pricing documentation requirements by Multinational Companies will both be a protection shield for these companies and allow benefiting reduced penalty rates if the transactions are considered as against the arm’s length principle.
Based on these evaluations, we recommend Turkish MNEs to determine whether they have documentation requirements for master file and CbCR for the financial year of 2019.
We recommend that a Turkish entity of a MNE Group headquartered overseas shall demand the master file and/or CbCR prepared for FY2019 from their ultimate parent company. Besides that, Turkish Conglomerates which are required to submit these documentations must prepare those reports as quickly as possible.
As the first boutique company in Turkey focused on international tax services and Transfer Pricing/BEPS documentation, Centrum would be pleased to assist you with your documentation needs. Please feel free to contact [email protected] for any queries.
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