The law titled 'Law on Amendments to Certain Laws and Decrees with the Force of Law' was published in the Official Gazette of Turkey. The legislation includes provisions introducing a new regulation for the special consumption tax, known locally as ÖTV, applicable to automobiles.
According to the Turkish Ministry of Treasury and Finance, the law introduces a minimum fixed tax standard for the taxation of passenger cars and other motor vehicles primarily manufactured for carrying passengers. This creates a new lower-bound mechanism for these vehicles.
Under the current system, these vehicles are taxed proportionally based on criteria such as engine cylinder volume, engine power, emission, range, and tax base. The new rule alters this by establishing a floor: if the ÖTV amount calculated via the proportional tax rate falls below the determined minimum fixed tax amount, only the minimum fixed tax amount will be collected.
If the proportional tax amount is higher than the fixed minimum, taxation will continue based on the rate as in the current system. Currently, the proportional tax amounts calculated under existing legislation for vehicles on sale remain above the determined fixed limits.
Scope and Exemptions
The application covers passenger cars, while no changes were made to the taxation of commercial vehicles designated for carrying passengers or cargo, and motorcycles. For (L)-class vehicles, which include some three- and four-wheeled motor vehicles and ATVs, only those with an electric motor power of 4 kilowatts and above were included in the scope.
(L)-class vehicles with electric motor power below 4 kilowatts, those with internal combustion engines, two-wheeled motorcycles, (T)-class agricultural-forestry tractors, and ATVs in this class were exempted from the new application.
Future Adjustments and Rationale
The regulation is not expected to cause a direct change in current vehicle prices and taxes. According to the rationale provisions of the regulation, the application was not designed to create a tax increase in the current period, but to enable rapid administrative decisions against sectoral and commercial changes that may occur in the future.
The application was added to the legislation as an intervention tool against possible competition inequalities and developments that distort the pricing structure in the market. The law grants the President of Turkey the authority to increase the determined fixed amounts, or amounts increased by the revaluation rate, up to 10 times and to reduce them to zero within legal criteria.