Tax advisers comment that the biggest trend in Turkey is the increasing pressure the tax authorities are exerting on domestic and foreign multinationals. One practitioner suggested that the pharmaceutical sector in particular is being targeted as the ...
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Tax advisers comment that the biggest trend in Turkey is the increasing pressure the tax authorities are exerting on domestic and foreign multinationals. One practitioner suggested that the pharmaceutical sector in particular is being targeted as the revenue administration attempts to bolster state revenue.
However, the method used by the tax authorities has created some confusion. While it is common for tax authorities to challenge transfer pricing when seeking to meet revenue targets, advisers suggest that the complexity of the new rules effective from 2007 has meant that pharmaceutical companies could not be comprehensively challenged with regard to their transfer pricing affairs.
"Because the pharmaceutical sector is so complex when it comes to developing new products and intellectual property rights, it was possible for many companies to exist as loss making entities which reduced their group's tax liabilities. As much as the tax authorities wanted to challenge those companies for transfer pricing they did not have the understanding to do it," said one tax partner.
Instead, the tax authorities have challenged several companies in the pharmaceutical sector over reclamation funds provided by parent companies to support subsidiaries during the global financial crisis. The tax authorities this year sought to make those funds subject to tax as a means of extracting revenue from companies that were ostensibly loss-making. Practitioners commented that the tax authorities' efforts to make companies liable in relation to reclamation funds confused the situation for both companies and tax professionals.
"The authorities should pursue companies for transfer pricing infringements if they have infringed those rules. But targeting companies who abuse transfer pricing for reclamation funds is not good. It just confuses the market for tax advisers and companies," commented one tax professional.
Though advisers expect that confusion will remain over this issue, several noted that the tax authorities' understanding and implementation of the transfer pricing regulations that were implemented in 2007 is improving.
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