Türkiye’de Gayrimenkullere İlişkin Mali Yükümlülüklerin Mükellefler Tarafından Bilinirliği

Hacıköylü C. (Executive), Karal Önder Z.

Project Supported by Higher Education Institutions, 2023 - 2023

  • Project Type: Project Supported by Higher Education Institutions
  • Begin Date: January 2023
  • End Date: October 2023

Project Abstract

In this study, the Taxpayer's Awareness of liabilities related to realty, which is an important investment instrument in Turkey, will be examined. The concept of realty concerns a wide segment of society with its legal and fiscal dimensions. Whether at the stage of buying-selling or obtaining rental income with real estate, there are some fiscal obligations, especially tax, faced by those who are involved in any way, and if these obligations are not fulfilled, the application of penalties increases the importance of the issue. Financial obligations may arise in all economic and legal relations involving realty in any way. Although there are many fiscal regulations regarding realty , it can be said that these regulations have a complex structure that is scattered in different laws. In addition, fiscal liabilities may arise in the purchase, sale, and rental of real estate, as well as in the use, construction, etc. Some of these financial liabilities arise with the income obtained, as in the rental income, and some of them are related to the transfer of the rents resulting from the value increases in the realty to the public. One of the main purposes of the study is to reveal the awareness of these liabilities, which arise in both cases, and to prevent the sanctions that the taxpayers may face if they do not fulfill their financial obligations and the conflicts that may arise. Increasing the level of knowledge of taxpayers about fiscal liabilities regarding the taxation of incomes obtained from real estates owned for both use and investment purposes in Turkey will both prevent the sanctions that the taxpayer may face and enable the administration to generate income without conflicts with the taxpayer.

As stated above, fiscal liabilities related to realty arise in two ways. One of them is the fiscal liabilities at the stage of use (property tax) or utilization (real estate capital gain) and the other one is the fiscal liabilities related to the rents (gains) as a result of the value increases obtained especially for investment purposes  (valuation gain). Financial obligations arising during the use of real estate are title deed fees incurred during the purchase of the real estate and value-added tax for commercial activity. The financial liabilities that arise after owning the real estate are the real estate tax collected by the municipalities,  the real property income collected by the central government which may arise in the taxation of the income obtained from the rental of the real estate by real persons, and the corporate income in the leasing within the scope of commercial gain in legal persons. Rents, another area related to realty where fiscal liabilities arise, arise as a result of the sudden and rapid increase in the values of realty for various reasons. Therefore, taxation of the value increases in realty and thus transferring some of the rents obtained from them to the public appears as a necessity. The demand for housing and workplaces, which arises due to rapid population growth, increases the need for buildings, plots, and land; as a result, the demand for security, education, health, public transportation, and similar public goods and services increases, which naturally increases the resource needs of both central and local administrations. Therefore, it is now a necessity to collect the cost of goods and services offered through taxes, as well as obligations such as service and participation fees. In summary, one of the views expressing this situation is as follows: People who come to the city to live, still live and benefit from the opportunities offered by the city should pay the price. On the other hand, real estates; since has become one of the instruments used to acquire wealth or protect the value of wealth in our country, it is generally an investment tool that high-income groups apply. Therefore, taxation of wealth created in this way will alleviate the discontent that may arise in lower-income groups.

In this study, brief and concise explanations will be made on the financial liabilities regarding the taxation of the income obtained from the realty obtained for use and from the realty obtained as an investment tool within the framework of the current financial legislation. The awareness of these regulations by the taxpayer's natural persons will be analyzed. In this context, primary data will be collected through fieldwork, and data analysis will be carried out using two methods. First, the awareness of the realty fiscal liabilities index will be calculated with the primary data. Secondly, by using discrete selection models (Probit and/or Logit), the factors affecting the awareness of the taxes collected on realty will be estimated with the probability model. The study will also be able to cover the deficiency in the literature by creating a source dataset for various publications on the subject. The results of this research are of interest to policymakers because of the findings it will provide to public institutions, especially the Ministry of Treasury and Finance and municipalities. In addition, the use of the data obtained as a result of the research in various publications will increase the level of knowledge of taxpayers on this subject and will increase compliance with taxation.

Finally, the findings on the subject will be shared with public institutions and the academic community upon request, paving the way for future studies. Since the project coordinator has worked on similar topics with different aspects in his doctoral thesis and a few previous studies, he has mastered the inadequacy of the field. This study, it is aimed to implement the researches that could not be implemented due to the lack of data detected in previous studies. The project is planned to take 9 months.