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How To Apply Online For Work Permits for Foreigners Who Have Temporary Protection?

MuhasebeNews — Mon, 25 Sep 2017 13:00:23 +0000

According to the Foreigner Work Permit Law numbered 4817, the foreigners who want to work in Turkey have to get work permits.

1- HOW TO APPLY ONLINE FOR WORK PERMITS FOR FOREIGNERS WHO HAVE TEMPORARY PROTECTION?
The applications made online through e-Devlet (www.turkiye.gov.tr) by employers who want to employ foreigners are accepted with these conditions below:
1.1- The Foreigner has a temporary protection identification/foreigner identification document or foreigner identity number document showing they are under temporary protection,
1.2- At least 6 months have passed since the beginning of their temporary protection until the date they apply for a work permit,
1.3- The Application is made for the foreigner according to the city they were granted a residence permit for their temporary protection record,
1.4- For those under temporary protection who will work in professions that prior authorisation is obligatory, the document of prior authorisation must be received from the relevant Ministries.
1.5- The foreigner who receives temporary protection has no work permit prepared to work for another employer or another application that wasn’t concluded.
1.6- The number of employees under temporary protection shouldn’t exceed the %10 of the Turkish citizens working there,

Under temporary protection, foreigners working for their own behalf in a private capacity, after the business starting process is complete, with the condition of having a tax id number, trade registry gazette for companies and for real persons, merchants, tradesmen and artisans, documents such as chamber of commerce registrations that show the operations of the company need to be scanned in the automation system during the application for work permit. Authorities will request work permit to grant a business license.

2- WHICH INFORMATION AND DOCUMENTS SHOULD BE PREPARED BEFORE APPLYING FOR WORK PERMIT FOR THOSE UNDER TEMPORARY PROTECTION?
Before the application you need the documents and information below:
2.1- A temporary protection identification/foreigner identification document showing they are under temporary protection,
2.2- A Foreigner Turkish Identity number, can be taken from https://tckimlik.nvi.gov.tr or the number foreigners has that starts with 98, or their number that starts with 99 which can be found out on http://www.goc.gov.tr/gecicikoruma/Pages/YabanciKimlikSorgulama.aspx.
2.3- A head shot belonging to the foreigner. (Taken in the last 6 months)
2.4- An E-devlet password in the employer’s name (Which can be obtained from PTT information offices.)
2.5- An E-mail address in the employer’s name. (Which can be obtained from various sites on the internet for free)
2.6- If the application is done with someone else’s e-devlet password in the employer’s name, there needs to be a letter of proxy declaring the person is authorized.
2.7- An employment contract signed by the parties. (Example: http://www.calismaizni.gov.tr/calisma-izni/sozlesmeve-dilekce-ornekleri/)

NOTE: Before starting the application process, the documents above must be scanned in pdf form and uploaded to the computer.

Source: Ministry of Labor and Social Security

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

What Is The Periodic Work Permit Given To Foreigners?

MuhasebeNews — Thu, 21 Sep 2017 08:05:40 +0000

1- WHAT IS THE PERIODIC WORK PERMIT GIVEN TO FOREIGNERS?
In case the foreigner work permit application is approved, the foreigner:
1.1- With the condition of not exceeding the time limit of the contract,
1.2- With the condition of working for a specific company or companies in their main line of business belonging to a real person or a legal entity, or a state institution and organization,
In the first application the foreigner is given work permit that’s valid for at most a year.

2- HOW DO YOU EXTEND THE PERIODIC WORK PERMIT FOR FOREIGNERS?
If the application for work permit is approved then the foreigner can remain with the same employer and gets:
2.1- 2 years at most in the first application to extend the permit.
2.2- upto 3 years in the later applications.

***However, the applications to work for a different employer are considered within the scope of the first paragraph of the first article.

Source: Ministry of Labor and Social Security

Do You Know The Numbers Of Starting – Closing Companies Of 2016-2017 July On City Basis?

MuhasebeNews — Tue, 12 Sep 2017 12:45:08 +0000

The numbers and of types of Starting – Closing Companies of 2016-2017 July on city basis are shown on the table below:
According to the table;
1- City of İstanbul; The number of companies that were started in the year of 2016, the month of July was 1.177, this number has risen to 1.902 in 2017, July.
2- City of Ankara; The number of companies that were started in the year of 2016, the month of July was 332, this number has risen to 597 in 2017, July.
3- City of Izmir; The number of companies that were started in the year of 2016, the month of July was 176, this number has risen to 324 in 2017, July.

Source: Turkish Union of Chambers and Exchange Commodities

What is the Partnership and Capital Structure in Limited Companies?

MuhasebeNews — Mon, 03 Jul 2017 14:26:37 +0000

1- WHO CAN ESTABLISH A LIMITED COMPANY?
Limited Companies are established by one or more than one real person or legal entity under a commercial name. The original capital should be determined and that capital consists of total amount of capital stocks. Shareholders are not responsible for company debts. They are responsible for paying capital stocks that they undertake and fulfilling additional payments and subsidiary liabilities that are provided in the articles of incorporation. A limited company can be established for every kinds of economical purpose and subject that are not forbidden by law.

2- HOW MANY SHAREHOLDERS CAN ESTABLISH A LIMITED COMPANY?
It can be a one-man company; however, the number of shareholders should be maximum 50. The company can turn into one-man company afterwards. In this case, this fact should be notified to directors within 7 days. After this notification, directors are supposed to enroll and declare that company has been turned into one-man company. Company cannot acquire its own share in order to be the sole shareholder.

3- WHAT SHOULD BE THE AMOUNT OF CAPITAL OF A CO. LTD?
Minimum amount of capital in limited companies should be at least 10.000 TL and a a share should be at least 25 TL and the multiples of it.

Source: Turkish Code of Commerce

If there is a Foreign Partner during Incorporation, What Should be Done According to Turkish Laws?

MuhasebeNews — Fri, 30 Jun 2017 12:07:24 +0000

If there is a foreign partner during incorporation, the followings will be needed.
1- Translated and notarized copy of foreign real person (partner)
2- Tax number taken from tax office or a document which shows ID number peculiar to foreigners
3- Notarized residence permit (if he/she resides in Turkey)
4- (For Turkish citizens residing abroad) a document which proves that he/she resides/works abroad and is taken related institutions of that country

***If foreign partner is also the Director of the company, work permit will not be necessary.

Source: Turkish Code of Commerce

If a Legal Entity Becomes a Partner during Incorporations, What Should be Done?

MuhasebeNews — Fri, 30 Jun 2017 08:58:53 +0000

Legal entities can be assigned to the Board of Directors in Corporations and Limited Companies; however, real person(s) representing legal entities cannot be assigned as a Member of Board or a Director. If a legal entity is assigned, there should be a real person assigned as a representative.

There should be participation decision made by a legal entity. This participation decision should be notarized; furthermore, capitalization and its representative should be stated.

Source: Turkish Code of Commerce

Free Circulation for Household Goods Which are Brought by Real Persons from Abroad in order to Use Them in Turkey!

MuhasebeNews — Thu, 29 Jun 2017 08:55:01 +0000

1- WHO CAN TAKE ADVANTAGE FROM FREE CIRCULATION FOR HOUSEHOLD GOODS WHICH ARE BROUGHT BY REAL PERSONS FROM ABROAD IN ORDER TO USE THEM IN TURKEY?
1.1- Real persons (residing out of Customs Territory of Turkey) are allowed to use household goods which are brought from abroad in order to use in houses within the Customs Territory of Turkey without paying Customs Duty for once only.
1.2- In order to apply this provision, it is highly important that persons should reside out of Customs Territory of Turkey and their nationalities are not taken into consideration.

2- WHAT ARE THE CONDITIONS TO TAKE ADVANTAGE OF EXEMPTION?
In order to take advantage of the exemption, one should fulfil the following conditions;
2.1- One should continuously reside out of Customs Territory of Turkey at least 24 months until the date of his/her arrival to Turkey. If one is present in homeland maximum 185 days within a year before the date of last arrival to Turkey, aforesaid continuity will not be affected. Furthermore, that term is not required for persons who reside out of Customs Territory of Turkey at least 5 years within 10 years.
2.2- Check-ins and check-outs (which show their stay in Turkey or/and out of Customs Territory of Turkey) of those persons being within the scope of that provision will be determined electronically.
2.3- In order to import household goods within the scope of that provision, family unit will be based on. In order to determine family unit, it is required to have a Certificate of Identity Register Copy for Turkish citizens and dual citizens, or a document indicating registers of persons (which can be taken from our representations in foreign countries or foreign representations in Turkey) for foreigners. If that document is not provided in accordance with the law of foreign country, the data expressed in the documents will be based on during the declaration.
2.4- The house should be bought or rented at least 1 year. If one does not fulfil that condition, temporary admission will be applied to those household goods by means of total exemption.
2.5- Exemption is limited to the household goods which are used in one house.
2.6- For household goods within the scope of this provision, persons should submit the declaration of release for free circulation before their arrival or while they are arriving or within 6 months after their arrival.

3- HOW SHOULD ONE RELEASE HOUSEHOLD GOODS BEING SUBJECTED TO TEMPORARY ADMISSION INTO FREE CIRCULATION?
On condition that the house is bought or rented at least 1 year including the period of temporary admission, persons should continuously reside out of Customs Territory of Turkey at least 24 months before they arrive to Turkey. If one is present in homeland maximum 185 days within a year before the date of last arrival to Turkey, aforesaid continuity will not be affected. If a real person resides out of Customs Territory of Turkey at least 5 years within last 10 years, his/her household good will be released into free circulation by being exempt from customs duty regardless of requirement for aforesaid period of time.

4- WHAT KINDS OF DOCUMENTS ARE REQUIRED FOR THE APPLICATION?
Stated persons, their partners or persons having power of attorney within the scope of article 225 of the Customs Law should apply to an authorized customs administration with the following documents.
4.1- It is required to have a Certificate of Identity Register Copy for Turkish citizens and dual citizens, or a document indicating registers of persons (which can be taken from our representations in foreign countries or foreign representations in Turkey) for foreigners. If that document is not provided in accordance with the law of foreign country, the data expressed in the documents will be enough during the declaration.

4.2- Acquired house:
4.2.1- If it is purchased, it is required to have title deed prepared on behalf of a person or his/her partner or a house which is bought from cooperatives (and whose title deed is not submitted because its construction servitude is done too late in the cooperatives).
4.2.2- If it is rented, it is required to have a one-year rental agreement (notarized) which is prepared on behalf of a person or his/her partner.

4.3- The list of household goods which will be attached to verbal declaration form.

5- HOW TO AVOID REPETITIVE USAGE OF FREE CIRCULATION RIGHT?
5.1- As for customs transactions related to used household goods, it can be electronically determined whether this right is used repeatedly by one person and the other family members or not.
5.2- If a person brings the goods in lots while arriving to Turkey, before his/her arrival, or within 6 months after his/her arrival, it will not be regarded as repetitive usage of this right.

Source: Official Gazette (06.06.2017 – 30088)

If You Sell Your Real Estates Within 1 Year, You Will Pay VAT!

MuhasebeNews — Tue, 16 May 2017 15:24:51 +0000

Built offices and real estates will be exempted from VAT,
1- When they are sold to a company which do not gain income in Turkey for the first time,
2- On condition that its sale value should be paid as foreign currency brought from abroad!!!
3- By means of foreign real persons who do not reside in Turkey, an office whose registered office and headquarter are not in Turkey or a permanent representative,

The ones, who bought an office or a real estate by taking advantage of VAT exemption in Turkey previously, will not be able to sell their real estates 1 year.

If they sell their office or real estate within 1 year, the tax (VAT), which was not paid when it was bought, will be received.

The properties, which are transferred to the Treasury ownership because of a suit brought by the Treasury, among the ones zoned for construction and then sold by the municipalities, will be again transferred to persons as free of charge.

Source: General Meeting of TGNA (23.02.2017 Thursday)

The Number of Company Establishment Decreased 10% in 2017!

MuhasebeNews — Tue, 21 Mar 2017 07:18:47 +0000

1- COMPARISON BETWEEN JANUARY 2017 AND FEBRUARY 2017
  1.1- COMPANY Establishment – Liquidation
      – The number of company establishment decreased 10,61%.
      – The number of company liquidation decreased 60,50%,

1.2- REAL PERSON BUSINESS ORGANIZATION Establishment – Liquidation
– The number of real person business organization establishment decreased 25,41%,
– The number of real person business organization liquidation decreased 35,86%

1.3- COOPERATIVE Establishment – Liquidation
– The number of cooperative establishment increased 1,54%,
– The number of cooperative liquidation decreased 75,12%

2- COMPARISON BETWEEN FEBRUARY 2017 AND FEBRUARY 2016
2.1- COMPANY Establishment – Liquidation
– The number of company establishment decreased 11,87%,
– The number of company liquidation decreased 2,43%,

2.2- REAL PERSON BUSINESS ORGANIZATION Establishment – Liquidation
– The number of real person business organization establishment decreased 1,88%,
– The number of real person business organization liquidation decreased 9,92%

2.3- COOPERATIVE Establishment – Liquidation
– The number of cooperative establishment increased 3,13% ,
– The number of cooperative liquidation decreased 38,37%

3- COMPARISON BETWEEN BIMONTHLY PERIOD (JANUARY-FEBRUARY) IN 2017 AND BIMONTHLY PERIOD (JANUARY-FEBRUARY) IN 2016
3.1- COMPANY Establishment – Liquidation
– The number of company establishment decreased 10,45%,
– The number of company liquidation decreased 0,19%,

3.2- REAL PERSON BUSINESS ORGANIZATION Establishment – Liquidation
– The number of real person business organization establishment increased 3,45%,
– The number of real person business organization liquidation decreased 1,04%,

3.3- COOPERATIVE Establishment – Liquidation
– The number of cooperative establishment increased 6,50%,
– The number of cooperative liquidation decreased 23,78%.

Source: Turkish Union of Chambers and Commodity Exchanges

Date: 21 March 2017