ARTICLE
8 June 2022

New Rules For Online Advertisements

PB
Pekin Bayar Mizrahi

Contributor

Pekin Bayar Mizrahi is a leading top-tier law firm located in Istanbul, Türkiye.

The firm was founded by Mr. Fethi Pekin, who was a former judge, in 1946. Ms. Sefika Pekin and Ms. Selin Bayar subsequently joined the firm. In time, the firm has broadened its areas of expertise and the sectors it advises; thereby becoming a “full-service” firm with a global reach. In 2021, its dispute resolution partner, Mr. Ergin Mizrahi, became a name partner and the firm changed its corporate name as Pekin Bayar Mizrahi.

With its local and international experience of 75 years, Pekin Bayar Mizrahi is now one of the largest law firms in Türkiye in both size and volume, employing around 60 fee earners. The firm also has liaison offices and affiliate counsels in numerous cities in Türkiye. The firm has international practice and its clients include States, large financial institutions, and transnational corporations from various sectors.

A new Tax Procedural Law General Communique (Item No: 538) ("Communique") was published in the official gazette on May 31, 2022 by the Ministry of Treasury and Finance ("Ministry").
Turkey Media, Telecoms, IT, Entertainment

A new Tax Procedural Law General Communique (Item No: 538) (“Communique”) was published in the official gazette on May 31, 2022 by the Ministry of Treasury and Finance (“Ministry”). Ministry has emphasized the importance of increasing the level of tax compliance and effectiveness in the fight against the informal economy and introduced new rules for procedures and principles regarding the collection of certain information concerning the advertisements published on the internet.

According to the Communique, intermediary service providers, social network providers and hosting providers that provide electronic environment for the advertisements/announcements which are placed for the purchase/sale or leasing of the movable/immovable properties and goods/services, are required to provide certain information to the Turkish Revenue Administration (“Administration”) through the system named “BTRANS” (Turkish Revenue Administration Information Transfer System) on a monthly basis such as ID/address details of those real or legal persons that are being served, the amounts that have been collected for the sale/leasing of the movable/immovable properties and goods/services, sales amounts of these, transaction dates, bank information as well as any other information that will be determined by the Administration.

Those legal/real persons placing ads online (“Advertiser”) are required to provide all the information that the intermediary service providers, social network providers and hosting providers are required to submit to the Administration, to the intermediary service providers, social network providers and hosting providers. Advertisers are liable for the accuracy of the information that they provide. Additionally, if the Advertiser is not the owner of the movable/immovable property and the goods/services, then the Advertiser is also required to provide information on the owner, to the intermediary service providers, social network providers and hosting providers.

According to the Communique, intermediary service providers, social network providers and hosting providers are liable for the accuracy of the information that they provide through the BTRANS as well as submission of the information in accordance with the formats and standards determined by the Administration.

The Communique states that this notification requirement will become effective as of August 1, 2022 for the data pertaining to June 2022.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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