Refund of Excess and Unnecessarily Paid Taxes, VAT calculated excessively or improperly, showing VAT on invoices or similar documents issued even though there is no taxable transaction, taxpayers who do not have the right to show VAT on invoices or similar documents, or showing VAT on such documents or invoices or similar documents. It may be in question in cases where VAT is calculated and shown in a higher amount than it should be in the documents. Overpaid taxes due to such reasons are returned to those concerned in accordance with the procedures and principles to be determined by the Ministry of Finance.
The excess or unduly calculated tax will first be returned to the buyer by the seller. In the event that the buyer is not a taxpayer with the right to discount, the seller must apply to the tax office with a document showing that he has paid the said excess or unjustified VAT amount to the buyer.
Refund of Overpaid and Unduly Paid Taxes
Refund of Overpaid and Unduly Paid Taxes
(Change amended by Article 14 of Law No. 6322; Effective 15.06.2012) Excess or improperly collected taxes, in case the excess or unwarranted collection is due to the taxpayer, in the same period for the application date for the correction, in other cases, for the period elapsed from the date of collection of tax to the date of notification of the correction slip to the taxpayer. Together with the interest calculated at the rate of deferred interest determined in accordance with the Law No. 6183, it is rejected and returned to the taxpayer in accordance with the provisions of Article 120(**)
(Paragraph added with Article 14 of Law No. 6322; Effective 15.06.2012) If the taxes required to be refunded pursuant to tax laws are not returned within three months following the completion of the information and documents required by the taxpayer pursuant to the relevant legislation, these amounts will be paid as of the end of the three-month period. For the period until the date the correction slip is notified to the taxpayer, the interest calculated at the rate of deferred interest determined in accordance with the Law No. 6183 in the same period is paid to the taxpayer together with the tax that must be rejected and refunded in accordance with the provisions of Article 120.
(Paragraph added with Article 4/C of Law No. 4731) (Paragraph number changed with Article 14 of Law No. 6322; Enforcement 15.06.2012) Taxes that must be returned according to the judicial decision after declaration and payment with a reservation, and which must be collected in accordance with the judicial decision, are determined from the date of return of the judicial decision. For the period until the date of its notification to the tax office, the delay interest is calculated at the rate of deferred interest determined in accordance with the Law No. 6183 on the Collection of Public Receivables, within the principles contained in this article.
How do I recover overpaid taxes?
After deducting the tax deducted for the year from the tax calculated on the annual return, the remainder can be set off against other tax liabilities. . If the application is submitted with the applicable deduction application, the deduction will be processed regardless of the amount without obtaining an audit report and collateral.
Where does VAT appear on excess and unwanted payment statements?
Excess or miscalculated VAT payments to the tax office are shown in the calculated VAT line of the VAT return prepared for the month. by indicating the excess and incorrectly paid VAT to the
Overpaid Income Tax Refunds
Controversy continues as to the rate of interest applicable in recovering overpaid and unjustly paid income tax. Article 112(4) of the Tax Procedures Law No. 213, which was repealed by a decision of the Constitutional Court, is amended to Article 14 of Law No. 6322 to tax excessively or unfairly. Excessive or illegal collection is attributable to the taxpayer. The law clarifies that the date of application must be returned with interest calculated at the deferred rate set by Law No. 3095.
As of 2018, the Council of the State Council, which investigated an appeal on this issue, found that the refund of excessive and unjustly imposed tax was stated in VUK 112/4, referring to the above legal provisions. did. They began to make decisions that interest should be deferred and returned under the article. However, since some first-instance courts upheld decisions to refund overpaid and wrongfully paid taxes along with statutory interest, notwithstanding the aforementioned statutory rules, the issue was left to the Council of State for deliberation. It has been referred to the tax office.
VUK 112/4 by decision of the Tax Council of 23 September 2020. It ruled that refunds of excessive and unjustly collected taxes should be made with deferred interest in accordance with Article 1. The above decisions created settled case law for refunds of excessive and unjustly charged taxes with deferred interest.
