Exemptions Provided Under Law No. 4691
Corporate/Income Tax Exemption: Income and corporate tax liabilities of income and corporate tax taxpayers operating in the region for gains obtained exclusively from software and R&D activities in this region are exempt until December 31, 2023.
VAT Exemption on Sales: Entrepreneurs are exempt from value-added tax (VAT) on the delivery and services related to system management, data management, business applications, sectoral, internet, mobile, and military command and control application software produced exclusively in these regions during this period.
Personnel Income (Withholding) Tax Exemption: Salaries, bonuses, and similar incomes of R&D and support personnel working in the region are exempt from all taxes (Income Tax, Stamp Tax, etc.) until December 31, 2023. The number of support personnel eligible for exemption cannot exceed 10% of the number of R&D personnel.
Income (Withholding) Tax Exemption for Personnel Spending Time Outside the Region: Wages related to the time spent by R&D personnel working on R&D/design projects in Technology Development Zones (TDZs) on five specific activities outside the region are fully exempt from income tax withholding. These activities include: 1) Laboratory, analysis, testing, and experimentation, 2) Work conducted in other R&D or design centers, 3) Field research activities, 4) Prototype development activities, 5) Scientific activities limited to personnel involved in the projects.
Income Tax Exemption for Personnel Pursuing Graduate Education: Salaries of R&D or design personnel who have worked for at least one year in businesses located in Technology Development Zones and have spent up to 1.5 years for master’s programs or up to 2 years for doctoral programs outside the region (proportional to monthly class hours) are fully exempt from income tax withholding.
Support for Personnel Expenses in Basic Sciences: If firms operating in Technology Development Zones employ R&D personnel who have graduated in mathematics, physics, chemistry, or biology, the portion of the personnel's salary up to the minimum wage will be covered by the budget of the Ministry of Industry and Technology. However, the support provided to the firm cannot exceed 10% of the total personnel employed in that month.
Customs, Tax, and Stamp Duty Exemption for Imported Inputs: Goods imported for use in R&D/design projects conducted in Technology Development Zones are exempt from customs duties and any kind of taxes and stamp duties.
VAT Exemption on Machinery and Equipment Purchases: Purchases of new machinery and equipment used for R&D, innovation, and design projects in Technology Development Zones are exempt from value-added tax.
Technological Production: Firms located in Technology Development Zones can make the necessary investments for the production of technological products obtained from R&D projects conducted in the region, with the approval of the managing company and permission from the Ministry. The production permits for these technological products will be issued primarily after obtaining the opinion of the Ministry from the relevant institutions and organizations. Activities related to these investments are recorded separately in the mandatory books according to the Tax Procedure Law No. 213. Personnel working on these investments and the profits obtained from these investments will be taxed according to the principles applicable to enterprises outside the region.
Corporate Tax Exemption in Mass Production: Income and corporate tax taxpayers operating in Technology Development Zones are exempt from corporate tax on the gains obtained from the sale of products that they have mass-produced from the software and R&D activities carried out in this region, specifically for portions related to licenses, patents, and similar intangible rights. The identification of the portion of gains related to licenses and patents will be determined according to transfer pricing principles. However, gains from activities such as adaptation, placement, development, revision, and additional software that are not tied to licenses or patents are also considered under the exemption.
Exemptions Provided Under Law No. 5746
SGK Employer Premium Support: For personnel whose salaries are exempt from income tax, 50% of the employer's share of social security premiums calculated on these wages will be covered by the budget of the Ministry of Treasury and Finance until December 31, 2023.
Management companies are exempt from stamp duty and fees related to documents and transactions organized under the implementation of the law.
Profits obtained by management companies under the application of this law are exempt from income and corporate tax until December 31, 2023.
For the establishment of regions, expenses related to the necessary infrastructure, administration building, and incubation center construction, as well as incubator programs, technology transfer office services, and technology collaboration programs conducted or to be conducted by management companies to support R&D and innovation activities, may be partially covered by the Ministry, based on budgetary possibilities.
Regions operating wastewater treatment facilities will not be charged wastewater fees.
In cases where a request is made for the establishment of a right of superficies or granting of usage permission on real estate owned by the treasury or under the control and disposal of the State within the region, the Ministry of Finance will establish the right of superficies or grant usage permission for the first five years free of charge, and for the following years, it will charge an amount equivalent to 0.2% of the property tax value of the real estate subject to investment. No revenue share will be taken from activities conducted on these properties with established rights of superficies or granted usage permissions.
The Ministry of Finance is authorized to determine the procedures and principles regarding the implementation of this paragraph and to differentiate or reduce the fee for the right of superficies or usage permission based on the socio-economic development ranking of provinces as determined by the State Planning Organization.
● Law No. 4691 on Technology Development Zones 1.5.4691 (02.02.2021 / Amendments Processed)
● Implementation Regulation of Law No. 4691 on Technology Development Zones – 10082016-104944
● Regulation on Work Permits for Non-Regional Activities 4691-5746 - 2016-9091
● Regulation Amending Laws 4691 and 5746 - 16/02/2016 - 6676
● Law No. 5746 on the Support of R&D Activities
● Regulation on Law No. 5746 on R&D (10082016-103219)
● Addition of NACE Code for R&D Design under Law No. 5746 (08-11-BKK-2016-9094)
● Regulation on Supporting R&D Activities under Law No. 5746 (10082016)
● Tax Deduction under the 5746 R&D Law 08-10-BKK-2016-9092
● Number of R&D Personnel 5746 08-11-BKK-2016-9093
● Value Added Tax Law Temporary Article 20
● General Communiqué on Corporate Tax – 86
● Law on Work Permits for Foreigners
● Communiqué on State Aids in Investments No. 2006-3
● Law on Direct Foreign Investments No. 4875
● Decision on State Aids for Investments
● Regulation on the Technological Product Investment Support Program
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