In its decision dated 14/3/2024 and numbered 2023/69 E., 2024/82 K. published in the Official Gazette dated 19/4/2024 and numbered 32522 (Decision), the Constitutional Court (AYM) ruled that the Additional Corporate Tax introduced by Law No. 7440 for the amounts exempted and deducted in the corporate tax return for the year 2022 and discounted corporate tax bases is not unconstitutional.
The Constitutional Court also stated in the Decision that the application of the new rule introduced in 2023 regarding the taxation period of 2022 to legal situations, relations and events that started while the old rule was in force but have not yet been finalized cannot be characterized as the retrogression of laws.
Within the scope of Law No. 7440, it was envisaged to apply a one-time additional tax to corporate taxpayers by showing it in the corporate tax return for the year 2022. Many corporate taxpayers submitted their 2022 corporate tax return with a reservation, claiming that the relevant regulation was unconstitutional, and filed a lawsuit for the refund of the additional tax paid with interest.
In the process, the Constitutional Court ruled that the relevant Additional Corporate Tax is not unconstitutional to the detriment of corporate taxpayers.
