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Damga Vergisi (Stamp Duty) — Turkey

What is Turkish damga vergisi?

Damga Vergisi (Stamp Duty) is Turkey’s tax on documents and agreements, governed by 488 sayılı Damga Vergisi Kanunu (1964). Damga vergisi is levied either as a fixed amount or a percentage of the document’s “value” — typically the contract price, payment obligation, or guarantee amount. Almost any commercial document with a determinable monetary value can trigger damga vergisi: employment contracts, lease agreements, loan agreements, surety bonds, share transfer agreements, court judgments.

Common damga vergisi rates (current schedule)

  • Standard contracts: 0.948% of contract value, with annual cap (recently around TRY 17M, updated each year).
  • Employment contracts (open-ended): 0.759% on annual gross compensation (collected upfront for first year).
  • Lease agreements: 0.189% on total lease consideration.
  • Loan agreements: 0.948% on principal (with bank loans typically exempt — covered under BSMV instead).
  • Surety/guarantee: 0.948% of guaranteed amount.
  • Fixed-rate documents: e.g., authorisation documents, certain receipts.

Damga vergisi mechanics

  • Mükellef: contract signatories are jointly liable; commonly stronger party pays in practice.
  • Payment: via banking system (Damga Vergisi makbuzu) within 15 days of document signing.
  • Annual cap: single document subject to maximum cap regardless of contract value.
  • Common exemptions: agreements signed outside Turkey (with carve-outs for Turkey-effective documents), inter-bank loan agreements, certain export and incentive documents.

Stamp tax in deal practice

Damga vergisi changes how Turkish deals are papered. The tax attaches per signed paper containing a monetary commitment, with each copy historically taxed — hence the practice of single originals plus certified copies — and a per-document cap that resets annually. Standard planning is legitimate and expected: executing agreements with no stated monetary amount where commercially possible, structuring framework agreements so only order forms carry amounts, considering execution abroad for foreign-law contracts where the document will not be brought into Türkiye, and using exemptions where the legislator provided them — notably for qualifying technology-zone activities and certain financing documents. The diligence angle: unstamped contracts remain valid but trigger tax plus penalties when produced to authorities or courts — a contingent liability that sits quietly in every Turkish contract stack.