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FREQUENTLY ASKED QUESTIONS ABOUT TURKISH CITIZENSHIP ACQUISITION BY INVESTMENT – PART 1

January 7, 2019

 

1. IS THERE A MILITARY SERVICE OBLIGATION FOR THOSE WHO HAVE ACQUIRED CITIZENSHIP?

 

There is a military service obligation in Turkey that is only applicable to males. According to the Article 2/2 of the Military Law numbered 1111, “Those who acquired Turkish citizenship shall do their military service, as if the local recruits of their age group, according to their educational status and age on the date of the acquisition.”.

 

However, there are exceptions in below described situations;

  •  Those who can prove that they have already completed military service in their former (origin) country

  •  Those who are deemed to have completed their military service in their former (origin) country (by paying compensation etc.),

  •  Those who are 22 years old on the year on which they acquire citizenship,

     shall not be held subject to active service.

 

 

2. IS THERE ANY SPECIAL KIND OF REGISTRATION IN THE MANNER OF TAX RESPONSIBILITY FOR TURKISH CITIZENS WHO ARE NOT LIVING IN TURKEY (NON-RESIDENT TURKISH CITIZENS)?

 

There is no special registration or tax responsibility for non-resident citizens. On the other hand, resident or non-resident Turkish citizens do have tax liability in general (Turkish Constitution, Article No. 73/1).

 

Basically, Turkish tax legislation can be classified under below mentioned three categories;

  •  Income Taxes (Individual Income Tax such as taxes arise from rental income, capital investment, business profits etc. and Corporate Income Tax),

  •  Taxes on Expenditure (Value Added Tax, Special Consumption Tax, Stamp Duty, etc.) and

  •  Taxes On Wealth (Property Tax –such as Real Estate Tax and Contribution to the Conservation of Immovable Cultural Property at a rate of 10% of the Real Estate Tax, which arise from buildings, apartments, and lands owned in Turkey– , Motor Vehicle Tax, Inheritance and Gift Tax)

Citizens who are residing in Turkey (including those who spend more than a continuous period of six months in Turkey within a calendar year) are taxed on their earnings and incomes derived in and outside Turkey. However, non-resident citizens are taxed only on their earnings and incomes derived in Turkey.

 

 

3. DO NON-RESIDENT CITIZENS REQUIRED TO SUBMIT INFORMATION ON THEIR EARNINGS, ASSETS, BANK ACCOUNTS OR BUSINESS MATTERS LOCATED ABROAD?

 

Turkey neither require citizens to declare their assets they own, nor require its citizens to report their earnings located outside of Turkey. Only certain public servants and government officials are required to regularly declare their owned assets but this is not needed for citizens. There is no obligation to declare international income/assets/businesses for residents in Turkey.

 

4. ARE THERE ANY SITUATIONS THAT MAY CAUSE LOSS OF CITIZENSHIP OR ANNULMENT?

 

There are some conditions that may cause loss of citizenship (deprivation of citizenship / denaturalizing) according to Turkish Citizenship Law numbered 5901, Article 29.

 

Turkish citizenship may be deprived by a decision of the President, in case below mentioned acts are ascertained by the official authorities:

  • If a person is rendering services for a foreign state which are incompatible with the interests of Turkey, despite the fact that they are notified to voluntarily cease such services (within the given reasonable time which is not less than three months) by Foreign Representatives abroad and/or by the Local Authorities in Turkey,

  • If a person is voluntarily continues rendering any kind of services without the permission of the President, for a state that is at war with Turkey,

  • If a person is voluntarily rendering military service for a foreign state without obtaining the permission of the President,

  • If there is an investigation or prosecution indicted against a person, due to articles 302 (Disrupt the Unity and Territorial Integrity of the State), 309 (Breach of Constitution), 310 (Assault or Physical Attack Upon the President), 311 (Offenses Against Legislative Organs), 312 (Offenses Against Government), 313 (Armed Revolt Against the Government of Turkish Republic), 314 (Armed Organized Criminal Groups) and/or 315 (Supply of Arms) of Turkish Criminal Code numbered 5237, and if that person can not be reached during the investigation or prosecution processes since such citizen is abroad; the situation shall be reported to the Ministry of Internal Affairs by public prosecutor or by the court within a month. If such person does not return to the country within three months after the notice on the Official Gazette is published, that citizen may be denaturalized by the decision of the President.

Also, the decision of acquisition of Turkish citizenship shall be annulled by the decision-making authority, if the concerned person acquires citizenship by hiding the key issues, which form a basis for acquisition of Turkish citizenship or by misrepresentation.

 

 

5. WILL THE DECISION OF DEPRIVATION OR DECISION OF ANNULMENT OF THE CITIZENSHIP AFFECT THE FAMILY?

 

Decision of deprivation is individual, it shall not affect the spouse and children of the concerned person. On the other hand, the decision of annulment shall be applied to spouse and children who acquired Turkish citizenship for having links with the concerned person.

 

 

6. WILL THE CITIZENSHIP BE HEREDITARY TO MY FUTURE GENERATIONS?

 

The applicant, his/her spouse and their children (who has not attained 18 years of age or medically dependent to parents) can benefit the first application. Once the Turkish citizenship is lawfully acquired, (due to the Jus Sanguinis principal) it shall be inheritable.

 

 

7. HOW MANY VISITS TO TURKEY WOULD BE REQUIRED TO COMPLETE THE PROPERTY PURCHASE?

 

For the purchase phase, we are able to run the purchase operations with a special POA but we highly recommend our clients to pay a visit to Turkey for general satisfaction and the sake of the transaction.

 

We are pleased to inform you that we as KOOBY, have reputable real estate consultancy firms as our solution partners nationwide. With their assistance, it is faster to find a real estate that meet your needs and not exceeding the anticipated budget.

 

On the other hand, in most of the cases the authorities may request to meet with the applicant and its family in person.

 

 

 

For the second part of Frequently Asked Questions please click here.

 

 

 

 

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FREQUENTLY ASKED QUESTIONS ABOUT TURKISH CITIZENSHIP ACQUISITION BY INVESTMENT – PART 2

January 11, 2019

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