C&G Law Office
  • Home
  • Articles
  • Expertise & Experience
  • News
  • Cofounders
  • Legal Team
  • Contact

Tag: free zone

Home Posts Tagged "free zone"

NEW LAW ON INTERNATIONAL WORKFORCE ENTERED INTO FORCE CONCERNING THE EMPLOYMENT OF FOREIGNERS IN TURKEY AND WORK PERMIT FOR FOREIGNERS

28 September 2016Nihan Geliş

Turkish Law on the Work Permit for Foreigners No. 4817 which had been in effect since 2003 has been abrogated by Article 27.7 of Law No 6735 on International Workforce, which entered into force on the date of 13.08.2016 regarding Work Permit for foreigners.

PARTNERS AND DIRECTORS OF COMPANIES

In accordance with Article 10.5 of The Law on International Workforce No 6735, it has been expressly regulated that;

  • Foreign Managing Director who is the shareholderof limited liability companies and,
  • Foreign shareholder of joint-stock company who is also member to board of directors

must obtain work permit,

However in accordance with Article 13.7 of the above mentioned Code,

  • Foreign Non-resident member of board directors of joint-stock companies,
  • Non-executive foreign shareholders of limited liability companies,

are exempt from work permit.

Thus, it has been clarified that the nonexecutive foreign shareholders of limited liability companies and also the non-resident foreign board members of joint-stock companies who are not  shareholder shall be assessed in the scope of work permit exemption.

Foreigners who are entitled to a work permit exemption must obtain the document proving this exemption.

On the other hand, the executive Managing Director of a limited liability company must obtain work permit without consedering whether he/she is shareholder or not.

In addition to the tax immunity promulgated by Avoiding Double Taxation Agreements between countries; by virtue of the mentioned article, the Cross-Border Service Providers whose activities in Turkey not exceeding ninety days within the period of hundred and eighty days shall be assessed in the scope of work permit exemption.

Work permit is granted for a year, and it may be extended to the period of two or three years with the condition to be employed by the same employer. Regardless to be employed by the same employer; foreigners who has completed a period of eight years of work permit without interruption shall be entitled to apply for the acquirement of a permanent work permit.

TURQUOIS CARD

In order to provide a skilled workforce; ‘’Turquois Card’ providing a permanent work permit has been regulated by Article 11 of the mentioned Code. ‘’In accordance with the international workforce policy; Turquois Card shall be granted to the foreigners whose applications are accepted as appropriate with regard to their education level, professional experience, contribution to science and technology, effects of activities or investment in Turkey to national economy and employment, suggestions of International Workforce Policy Advisory Board and procedure and principles designated by Ministry .’’ With this regulation, qualified foreigners founded favourable by the evaluation performed in the end of the period of the first three years of transition following the  application, shall be entitled to benefit from all the rights provided by a permanent work permit.

FREE ZONES

Foreigners planning to work in free zones must primarily obtain the conformity opinion of Ministry of Economy.

 ENGINEER, ARCHITECT AND STUDENTS

In accordance with Article 20 of the above mentioned Code,

Foreignengineers and architects shall be entitled to apply for the acquirement of the Project-based of temporary work permit, provided that their graduation certificates are recognized by Council of Higher Education. Engineers and Architects must receive the opinion of the Union of Chambers of Engineers and Architectduring their work permit applications.

It has been promulgated by Article 19 of New Code that foreign students residing in Turkey and who are subject to a Higher Education Institution may also work by obtaining work permit.

It has been come into force by the law no 6735 that those who do not hold residence permit may also apply for work permit and conclude it in Turkey. Accordingly, the process of work permit application made without residence permit has been simplified and centralized in a single body in order to eliminate the complex bureaucracy in comparison to the Law No 4817.

In any case, besides of the obligation of employing five Turkish citizens regulated by the Article 13 of the Regulation for Implementation of Law on Work Permit for Foreigners No 4817; the evaluation criterias related to the work permit will be also re-determined and announced within the frame of the Law on International Workforce No 6735 by Ministry of Labour and Social Security.

images66

ADVANTAGES OF THE FREE ZONES

8 April 2016Nihan Geliş

zones franches turquie100% CORPORATION AND INCOME TAX EXEMPTION:

Companies are 100% exempt from Corporate and Income Tax.

BRIEF PAYMENT EXEMPTION:

Companies that sell at least 85% of their products abroad are 100% exempt from the income tax payable over salaries of employees.

 

VALUE-ADDED TAX (VAT) EXEMPTION:

As Free Zones are outside of the customs border, companies can purchase good from Turkey without VAT. Moreover infrastructure services are provided exempt from VAT.

FREE TRANSFER OF PROFITS:

Companies can freely transfer their profits and earnings to Turkey or any other country.

DUTY FEE EXEMPTION:

The goods entering the free zones are exempt from tariff.

MINIMUM OF BUREAUCRACY:

Bureaucracy has been minimized in the free zones.

 

EASY STORAGE:

Companies can keep their stock without duty free and unlimited period of time.

FREEDOM TO PURCHASE MACHINERY:

Companies are free to bring second hand (used) machinery to the Free Zones and there is no age limitations for the importation of second hand (used) machinery.

OTHER EXEMPTIONS:

  • There is no quality standard for price in the free zones.
  • THE OPPORTUNITY OF USING CHEAPER ENERGY:

Companies in free zones have an opportunity to use cheap energy.

Benzer Yazılar

  • NEW LAW ON INTERNATIONAL WORKFORCE ENTERED INTO FORCE CONCERNING THE EMPLOYMENT OF FOREIGNERS IN TURKEY AND WORK PERMIT FOR FOREIGNERS
  • What is “Fitness for Purpose” ?
  • WITHHOLDING TAX FOR FOREIGN E-COMMERCE
  • INTRODUCTION TO ARBITRATION


Kategoriler

  • Articles
  • Expertise & Experience
  • News

Etiketler

AB agreement arbitration arbitration agreement cheque CISG consortium construction contract construction of energy production facilities contract dispute resolution dud cheque employer employment contract Eurpean Union findeks fit for purpose fitness for purpose foreign investment free trade free zone free zones in Turkey interbational arbitration International Carriage of Goods by Road international lawyer international road union international trade istanbul law lawyer Power Plant Engineering and Construction QR Code risk sale of goods tax exemption trade transportation Turkey Turkish Turkish companies Turkish Law Turkish Legal System VAT vienna convention warranty
Tüm Hakları Saklıdır C&G Law Office
Email
Facebook
Twitter
LinkedIn

Türkiye Barolar Birliği’nin meslek kuralları doğrultusunda hazırlanmış işbu websitesi içeriği, Avukatlık Meslek Ahlakı kurallarına uygun olarak düzenlenmiş ve Reklam Yasağı Yönetmeliği ile Avrupa’da Avukatların Tabi Olduğu Meslek Kuralları uyarınca güncellenmiştir. C&G Avukatlık Bürosu işbu websitesini müvekkillerinin ve diğer kullanıcıların sadece bilgi edinmesi amacıyla yayımlamış olup, işbu websitesindeki tüm içerik halihazırdaki en güncel hukuki gelişmeleri, karar veya uzlaşmaları yansıtmayabilir. İşbu websitesindeki bilgiler; reklam amaçlı olmayıp, yasal tavsiye niteliğinde değildir ve C&G Avukatlık Bürosu’nun ya da herhangi bir müvekkilinin veya çalışanının görüşlerini yansıtmaz ve bu bilgilerin doğru, eksiksiz veya güncel olduğu garanti edilmez. C&G Avukatlık Bürosu işbu websitesindeki içeriğin tamamı ya da bir bölümüyle ilgili olarak doğrudan veya kısmen herhangi birine karşı yapılan ya da yapılması ihmal edilen herhangi bir işlemden veya herhangi bir işlemin sonuçlarından dolayı ortaya çıkabilecek tüm sorumluluğu açıkça reddeder. İşbu websitesindeki bilgi aktarımı, gönderen ve alıcı arasında herhangi bir avukat- müvekkil ilişkisi oluşturma amaçlı değildir. C&G Avukatlık Bürosu, websitesi aracılığıyla ulaşılabilecek herhangi bir üçüncü kişi içeriği bakımından sorumluluk kabul etmez. Çok gizli bilgi olduğu için, C&G Avukatlık Bürosu, sadece referans amaçlı bile olsa, müvekkillerinin isimlerini açıklamaz. C&G Avukatlık Bürosu logosu, işbu websitesindeki bilgi ve bu bilgilere bağlı fikri ve sınai haklar, C&G Avukatlık Bürosu’na aittir ve ait kalacaktır; ve bunlar C&G Avukatlık Bürosu’nun yazılı onayı olmaksızın kullanılamaz, kopyalanamaz ve/veya çoğaltılamaz.

Bize yazın