FREQUENTLY ASKED QUESTIONS ABOUT THE STAMP DUTY AND THE REGISTRATION OF THE SALES AGREEMENTS

Prepared by the Office of the Prime Ministry

Q10 updated 04 March 2008

  1. What is the percentage stamp duty that needs to be paid on a sales agreement which is dated prior to 2nd January 2008.

  • The sales agreements stamped within 1 month after the date signed; 5/1000 correspondent to the sales value of the property mentioned on the sales agreement must be paid.

  • The sales agreements stamped after the first month up to 6 months after the date signed; 10/1000 correspondent to the sales value of the property mentioned on the sales agreement must be paid.

  • The sales agreements stamped after 6 months after the date signed; 15/1000 correspondent to the sales value of the property mentioned on the sales agreement must be paid.

  • However, in case of applying to the Income and Tax Office until the date of 31 March 2008 30th April 2008 the relevant penalties will not be applied for one occasion only.

2.    Buyers pay the stamp duty but who is responsible for paying it to the Tax Office?

  • Payment of the stamp duty is a liability of buyers.

  • This process can be done in person at the Tax Office in your district.    

  •  Anyone other than the buyer, estate agency, the builder or the lawyer, required to have a power of attorney authorizing to carry out this process.

  • The original sales agreement and a copy of the sales agreement are the compulsory documents must be produced at the tax office.  

3.    If stamp duty is not paid at time of signing agreement, who is responsible for paying the late payment penalty?

        If the contract does not state otherwise, the buyer is responsible to pay the late payment penalty.

  

4.    How many original copies of the Sales Agreement must be presented at the Tax Office for stamping?

 Only one original sales agreement and a copy of the sales agreement are the compulsory documents must be produced at the tax office.

 

5.    What is the Land Registry fee for registration.

    26 YTL for application, 5 YTL per parcel, 13.5 YTL per title deed; in total 44.5 YTL is required for registration

 

6.    When stamp duty is paid and sales agreement(s) is stamped what is the procedure for registering it at the Land Registry office?

            All signed and stamped sales agreements can be registered with the Land Registry Office in your district until 08th April 2008 30th April 2008. It is not compalsory to register the sales agreements which was signed before the 1 January 2008, but we advice to do so as a preventative measure.

          The compulsory documents must be produced when registering the sales agreements at the Land Registry Office are listed below:

  •   The original sales agreement

  •   A copy of the sales agreement

  •   Tapu (Land Registry) registered District site plan (Stamped by the Land Registry Office)

  •    A copy of the site plan, showing the property by a mark.

  •    A copy of construction project and architectural plans (If you have)

  •    A copy of the passport

  •    A letter of attorney (If a third party is going to register the sales agreement on behalf of you)

  •    2 copies of registration form named 34A

7.    Can buyers register their own stamped sales agreement?

Yes, this process can be done in person at the Land Registry Office in your district. 

8.    What is the deadline date to register?

        The final date to register is 8 April 2008 30th April 2008

9.    Is there a penalty if the contracts are not registered?

It is not compulsory to register the sales agreements which was signed before the 1 January 2008, but we advice to do so as a preventative measure.  THERE IS NO PENALTY FOR THE CONTRACTS SIGNED BEFORE 1 JANUARY 2008.

10.    Do we have to translate the sales contracts into Turkish before registering to the Land Registry Office?

In order to prevent any misunderstanding it is imparative that the contracts in English are translated into Turkish to prevent any misunderstandings in the details.  The translated document is not required to be signed by the buyer neither needed to be stamped, but it is advised to bear a note from the translator stating it is as the true copy of the original.  Please read amendment to this requirement

11.    Can I get my title deed if I do not register my sales contract?

If sales agreements was signed before the 1 January 2008, you can receive your title deed even if the sales agreement was not registered.

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