Tax Treaty Case Law around the Globe 2018
1. Aufl. 2019
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S. 309Chapter 26 Turkey: Payment for the Right to Use of a Software Program Is Royalty
Cihat Öner
26.1. Introduction
The case analysed in this chapter could be evaluated as a continuation of the case discussed by Prof. Billur Yaltı in a previous edition of this book. In 2013, the Supreme Administrative Court reversed the decision of the first-degree Tax Court. It can be noted that the same taxpayer once again brought the issue before the first-degree Tax Court. The decision of this first-degree Tax Court was in line with the decision of the Supreme Administrative Court given in 2013. The taxpayer appealed against this decision in 2016 at the District Administrative Court, as some procedural amendments took place in the relevant legislation during the time. Thus, the decision given by this latter court will be discussed in this chapter.
26.2. Facts of the case
26.2.1. Claims of the parties
The taxpayer, a company resident in Turkey, is a subsidiary of a company resident in France. The claims of the taxpayer read as follows:
The taxpayer paid fees to its French parent company for the use of a software program for centralized information system purposes.
The taxpayer also paid fees for the technica...