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1st November 2007, 12:48
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#1
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Member
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Transfer Tax
Could anyone help with this please?
When we bought our house we paid the full 3% transfer tax based on the GBP that we paid for the property. This amount came to around £2000 or 5000ytl! However, I now understand that it is likely that our agent may have paid the transfer tax on the Tapu value which was 22,500 YTL and therefore it is likely that he paid around 660ytl, and made the rest as profit to himself!!
Could anyone please confirm that this would have been likely and should I be able to get this information from the local tax office?
Thankyou
Fran
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1st November 2007, 15:50
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#2
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Senior Member
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Re: Transfer Tax
Hi Fran, I don't know too much about this other than what I have read or heard. Do no contact the tax office re this, chances are they could contact you. Apparently, this has happened quite a bit and the government and now chasing the owner. I know in most cases the owner (you) did pay the correct amount but the agent did not pass this on but as you signed for the tapu with the lower amount on it, you are liable for the tax. If it comes to your door, all I can advise is make sure you have the paperwork to prove the amount you paid originally. I'm sure someone who knows a bit more will be along soon. Lorna
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1st November 2007, 17:09
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#3
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Senior Member
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Re: Transfer Tax
If you have a copy of your tapu it will show the amount paid (declared) for the property on it. This is indeed the amount that the tax is based on. So if you do the reverse calculation, 3% of value printed on tapu and it DOESN'T come to 5,000ytl then you are left with no other conclusion than your agent did something else with the money.
I'm not explaining this very well...sorry - 3% of the value printed on your tapu is the amount of tax that would have been paid and receipted by the tax office.
The tax office would not accept 5000ytl tax and then put a lower value on the tapu because that would defeat the object of the underdeclaration. Ask your agent for the receipt for the transfer tax.
I'm trying to be nice and think maybe the overpayment was used for something else but thats me trying to ignore the tired, old, voice of experience in my head that says "yeah, they got ripped".
K
Last edited by Karyn UK : 1st November 2007 at 17:12.
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1st November 2007, 19:04
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#4
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Member
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Re: Transfer Tax
thanks Karyn, this seems as I suspected, I will ask them to show me the receipt. Do you think I should say I am going to the tax office for proof if they say they they cannot 'find' it. I am wanting to use the information about the tax as tool for negotiation.
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1st November 2007, 19:10
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#5
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loz3399
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Re: Transfer Tax
how would the tax office know you paid more for the property than is declared?
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1st November 2007, 19:34
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#6
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Senior Member
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Re: Transfer Tax
Threatening them with the tax office may work Fran if you have a receipt for the 5000ytl you paid them, other proof may be useful too, their communication to you requesting 5000ytl to pay the tax, your contract showing tax amount due, anything that confirms they asked for that amount specifically for the purposes of paying transfer tax. Your tapu is the only proof you need that they didnt actually pay it!
It may work, standard procedure will be they deny all knowledge, claim you didn't understand properly (oh, the language problems!), the person who did it doesnt work there any more, etc etc. Maybe they have too much trouble at the moment to care about this. Worth a try though, also maybe worth contacting Birk Cekir the lawyer at Zaman newspaper about the whole thing.
Karyn
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1st November 2007, 19:36
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#7
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Member
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Re: Transfer Tax
I know, just thought of that!! as the company will have paid the 600ytl to the tax office. Still, we could get a solicitor on the job to try and get the money back-that is of course if their fees do not exceed the amount that we have been ripped off for.
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1st November 2007, 20:12
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#8
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Administrator
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Re: Transfer Tax
Tax office would have given a receipt for the tax due and paid, so your agent would have had that, and probably lost it by now if you don't have it.
Sometimes agents will ask for the tax amount to be paid upfront so they can register your property when your army clearance is through, and usually it's a rough guess amount because they don't know what value the tax office is going to put on the property until you go to ask.
They have probably paid the lower amount at that time and not given you the balance back, it all depends on what you agreed when you gave them the money.
Best bet is to ask for clarification and request the receipt for the tax paid.
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2nd November 2007, 12:09
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#9
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Senior Member
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Re: Transfer Tax
I have heard that this has happened all over the country and the government knows that a lot of the properties were all undervalued on the Tapus, hence now cracking down on this to reclaim the missing money. But don't forget, you signed for your Tapu with the figure that is written on it, so it is you they will come looking for. You may not have questioned this at the time, so just be careful. If you cannot get the receipt from your Agent, unless you need the cash, I would let it go. Do you have at least an email stating the breakdown of your costs, if so keep it. Lorna
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2nd November 2007, 13:44
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#10
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Senior Member
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Re: Transfer Tax
I really don't think the goverment will be coming after the individuals, even foreign individuals. The tax office will be concentrating on the Emlaks and developers that are doing this, going for those making the most out of cheating the system. The emlaks also have to pay company taxes based on their income, so as well as the Transfer tax they should be paying KDV on the 3% charged to you and the seller, if they underdeclared the value of the property this KDV will also be underdeclared or maybe not even declared at all.
I think the tax office is well aware of the situation concerning underdeclarations and will have a good idea where the money is going. Also for convictions it will be much easier and more rewarding to go for an Emlak that has 10s of thousands of underdeclared taxes rather than jonny foreigner who has maybe a few grand. If they take out a few Emlaks for this the system will start to clean itself, if they take a few foreigners out it will simply encourage the Emlaks as they will now its not them thats going to take the flack.
With developers they probably have much more to go after, underdeclared land purchase, underdeclared building supplies, uninsured and untaxed workforce as well as a final underdeclared sale.
Last edited by turtle-webs : 2nd November 2007 at 13:47.
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