After this regulation, VAT rates in the delivery of goods subject to financial leasing contracts or leasing of goods subject to financial leasing contracts,
– VAT will be calculated on the basis of the VAT rate to which the goods subject to the transaction are subject to on the contract date ,
– if there is a change in VAT rates after the contract date, VAT calculation based on the new VAT rates
will be required.
In addition, in parallel with this new understanding of the tax administration, the opinion given in the tax ruling dated 04.08.2023 and numbered E-50169878-200.03.01-66079 is that “In the leasing of goods with changing VAT rates by the financial leasing company, the VAT valid during the leasing period, regardless of the date of issuance of the financial leasing contract. rate will be processed ”.
The above-mentioned view of the administration does not coincide with the current VAT General Implementation Communiqué. With the regulation to be made in the Draft Communiqué, the VAT General Implementation Communiqué is being tried to be made in line with the aforementioned decree. However, it would be more accurate in terms of the certainty and predictability of the tax system that the increases in VAT rates as of 10.07.2023 are not applied to the contracts made during the period when the current notification regulation was in effect.
Source: kpmgvergi.com
