Calis Beach and Fethiye Turkey Discussion Forum

Property For Sale in Calis Beach & Turkey => Buying Property in Calis Beach, Fethiye and Turkey => Topic started by: nichola on February 15, 2017, 07:37:10 AM

Title: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: nichola on February 15, 2017, 07:37:10 AM
As some of you may know Dogan and I bought our own home just over two years ago.

Well, this year the tax office tracked us down and told us we owed a form of stamp duty tax. This is different to the tax you are required to pay when purchasing a house. This was an additional tax that the tax office decided that I (being a foreigner) not Dogan should pay. According to them our purchase was trade.

They calculated that I should pay almost 4000tl. By the time they tracked me down this amount had risen to just short of 10,000tl with interest and then the original amount applied to the second year.

Now people buy and sell houses all the time. But this stamp duty tax is/was just being applied to foreigners. Not only is it discriminatory but it is illegal. Not everyone has been charged with this tax but a number of foreigners that Şule Beder had represented were affected.

Anyway, Şule being Şule was having none of it. She took a supreme court ruling from a case in Kayseri to the tax office that had previously ruled in 2003 that this was illegal but the tax office weren't prepared to accept that they were in the wrong. So I gave her power of attorney to deal with this test case and she took the tax office to court. This mornıng she rang to say the tax court in Muğla had ruled in our favour and there was nothing to pay.

I know that Şule had other affected clients and she hasn't been able to contact them all. So if anyone else has purchased a house and they get an unexpected tax bill whatever you do, do not pay it and seek legal advice from Şule who will probably now with just a phone call to the tax office in Fethiye get it sorted for you.
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: Lotty on February 15, 2017, 08:12:34 AM
A fantastic result! Sule is certainly brilliant for challenging so fiercely, you must be relieved!  ;D ;D 8)
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: Toky on February 15, 2017, 10:59:45 AM
That's a great result for you Nicola. BEt you are feeling very relieved now. Delighted for you. Xxxx
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: BernieTeyze on February 15, 2017, 13:28:27 PM
Great news, im glad Sule sorted it for you.
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: kayakebab on February 15, 2017, 14:25:50 PM
Fabulous result. She really is brilliant
 

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Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: scot on February 15, 2017, 15:20:53 PM
Great result Nicola.
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: faymoore on February 15, 2017, 16:36:03 PM
Fantastic news Nichola. Glad you were able to get it sorted.

Thank you for sharing this info which, I am sure will be very helpful to others.

Dave   :).
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: nichola on February 15, 2017, 16:42:57 PM
Yes a great result. To be honest I wasn't really worried as I was totally confident that Şule would sort it out.

Dogan was absolutely furious. He went to the tax office before we went to see Şule and spoke to an official there. The guy tried to imply he was stupid for not knowing Turkish tax law! "Aren't you Turkish" he said to Dogan" Dogan said "No I am from America" in a tone loaded with sarcasm which was completely lost on the guy who went oh okay then and started to explain it to him hahaha   :)

Şule actually knew about this before we did and she had already tried to tell them they were talking nonsense so she was very happy "to teach them a lesson" in court.

Hopefully after our test case they won't try it on anyone else   :)
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: Lynne09 on February 16, 2017, 06:00:32 AM
Thanks for sharing this information Nicola glad you won your case and I am sure it will a great help to many of us who own properties in Fethiye!!!
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: stoop on February 16, 2017, 09:43:47 AM
Great news! Well done!
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: puma on February 16, 2017, 16:43:24 PM
thanks for sharing
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: Karennina on February 16, 2017, 18:00:34 PM
Really pleased for you Nichola great that you challenged it, thank you from me also for sharing if we get a bill i will know not to panic or pay it! That did make me laugh re Dogan saying he was American and the guy said ok and started explaining it all to him!   ;)
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: maclarke1 on February 16, 2017, 19:25:48 PM
Good on you for being so tenacious, and well done.
Title: Re: Illegal Stamp Duty Tax on House Purchases - Foreigners
Post by: sadler on February 16, 2017, 19:34:39 PM
Well done Nichola. The girl did well! ( Wouldn't expect anything less).   :)  ;)