Mali Hukuk, Year 2025 Issue 241 ( Ocak)

A SCOPE PROBLEM: THE VALUABLE PAPERS LAW

SELÇUK TEKİN — 2025-02-25

The Valuable Papers Law is a law that entered into our public revenue system in 1963 by abolishing many taxes, duties and fees. It is taken based on the existence of the papers listed in the law. The cost was collected from the relevant parties based on the fixed amounts written in the law until 1980. However, with a law amendment made in 1980, the Ministry of Treasury and Finance was authorized to determine the value of securities. In our Constitution, the principle of legality has been set forth for taxes, duties, charges and similar financial obligations, and it has been determined that limited authority regarding discounts, rates, exceptions and exemptions can only be delegated to the President and only within the limits specified in the law. Determining what kind of public income the valuable paper prices are will also determine whether it will violate the principle of legality regulated in Article 73 of the Constitution. According to budget statistics, valuable paper revenues are shown among enterprise and property revenues. In our study, we tried to show that the public revenue covered by the Valuable Papers Law cannot be evaluated within the scope of enterprise and property revenues, on the contrary, it is a duty or a fee. As a result, it was concluded that the regulation regarding the authority of the Ministry of Treasury and Finance to determine the price in Article 1 of the Law on Valuable Papers is contrary to the principle of legality in Article 73 of the Constitution.

DIGITAL WALLET SERVICES IN THE CONTEXT OF REGULATION ON PAYMENT SERVICES AND ELECTRONIC MONEY ISSUANCE, PAYMENT SERVICE PROVIDERS

Nesrin Akın — 2025-02-25

In the first quarter of the 21st century, innovative products, tools and applications developed with accelerated technological progress, along with the need for distance and contactlessness, which emerged as a mandatory result of the Covid 19 Pandemic, has expanded the variety and scope of services that enable contactless financial transaction. One of these services is digital wallet services that enable contactless payments. In this context, the subject of this article is the digital wallet services added to the Regulation on Payment Services and Electronic Money Issuance and Payment Service Providers in 2023.

EVALUATION OF CURRENT VALUE ADDED TAX PRACTICES, AUDIT RESULTS AND STRUCTURAL PROBLEMS IN TURKEY

Esra UYGUN — 2025-02-25

With the entry into force of VAT, in order to achieve the objectives targeted in the justification of the law, many legal changes, especially withholding, exemption and refund transactions, which are important elements of VAT application and affect the discount mechanism, and secondary regulations such as notifications, circulars, etc. have been made. In this study, current VAT practices in Turkey such as withholding, exception, refund and exemption were evaluated. These regulations brought about various implementation difficulties for both taxpayers and the administration. Although the aim of these applications is to secure the tax receivable, in practice they support tax evasion and cause tax loss. Therefore, every measure to be taken for taxation causes the emergence of a new smuggling activity and it is not possible to completely end tax loss and evasion.