From the Ministry of Treasury and Finance (Revenue Administration):
TAX PROCEDURE LAW GENERAL CIRCULAR (SERIAL NO: 509)
(Updated Version Amended by Circulars No. 515, 526, 535, and 550 of the Tax Procedure Law)
- Electronic Document Regulations: The document emphasizes the rapid advancement of information technology and its impact on business processes, necessitating the establishment of new procedures and principles for electronic documentation to streamline operations and reduce costs related to paper documentation.
- Legal Framework and Definitions: It outlines the legal basis for electronic documents under the Turkish Tax Procedure Law, defining various terms such as e-Invoice (e-Fatura), e-Archive Invoice (e-Arşiv Fatura), e-Dispatch Note (e-İrsaliye), and others, establishing a clear understanding of the terminology used throughout the document.
- Mandatory and Optional Applications: The document specifies which taxpayers are required to transition to electronic invoicing systems and which may opt-in voluntarily. It sets forth criteria for different taxpayer categories based on revenue thresholds and types of business activities.
- Requirements for Electronic Documents: Each type of electronic document, such as e-Invoices and e-Archives, must contain specific mandatory information, including details about the seller, buyer, transaction date, and item descriptions. These documents must be formatted according to guidelines set by the Revenue Administration.
- Transition Periods and Obligations: It details the deadlines for taxpayers to comply with the e-document requirements, including specific dates by which various groups must transition to electronic invoicing, with provisions for extensions under certain conditions.
- Penalties for Non-Compliance: The document outlines the penalties for failing to comply with electronic document regulations, including fines for not transitioning to e-Invoicing when required and for improper document management practices.
- Common Provisions for Electronic Documents: It establishes shared rules for the use of electronic documents, including methods for creating, storing, and presenting these documents, as well as the obligations of taxpayers to maintain records and provide access to these documents upon request.
- Integration with Information Systems: The document describes the methods by which taxpayers can utilize e-document systems, including using the Revenue Administration’s portal, engaging private integrators, or directly integrating their own information systems with governmental databases.
- Reporting and Auditing Requirements: Taxpayers are required to report electronic documents to the Revenue Administration, including maintaining data integrity through electronic signatures or certified seals, which will be subject to auditing by the Administration.
- Final Provisions and Implementation: The document concludes with provisions regarding the cancellation of prior regulations, the effective date of the new regulations, and the authority of the Minister of Treasury and Finance to enforce and implement these rules, ensuring compliance across all relevant sectors.
Documents must be archived in Turkey, particularly for businesses and individuals subject to the regulations of the Turkish Tax Procedure Law and other relevant laws. Here are some key points regarding document archiving in Turkey:
- Legal Obligation: Turkish law mandates that businesses maintain and archive specific documents for a certain period. This includes financial records, tax documents, invoices, and other business-related documentation.
- Retention Period: The Tax Procedure Law specifies retention periods for different types of documents. Generally, tax-related documents must be kept for at least five years from the end of the year in which the document was created or the transaction took place.
- Electronic Document Management: With the growing emphasis on digitalization, electronic documents (e.g., e-invoices, e-archived invoices) are increasingly being recognized legally. These documents must be stored securely, and businesses are required to maintain their integrity and accessibility.
- Compliance with Regulations: Organizations must comply with the regulations set forth by the Revenue Administration (Gelir İdaresi Başkanlığı) regarding the archiving of electronic documents. This includes proper formatting, storage methods, and reporting requirements.
- Security and Accessibility: Archived documents should be stored in a manner that ensures they are secure from unauthorized access and are easily retrievable when needed. This often involves using secure digital storage solutions or document management systems.
- Auditing and Inspections: Archived documents may be subject to audits by tax authorities. Therefore, proper archiving practices are essential to demonstrate compliance and transparency during such evaluations.
- Data Protection: Organizations must also adhere to data protection laws, ensuring that personal and sensitive information is handled appropriately in accordance with the Turkish Personal Data Protection Law (KVKK).
Source gov.tr
