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IAC Meeting was convened...

7th Meeting of the Investment Advisory Council convened on May 11, 2012 under the chair of Prime Minister H. E. Recep Tayyip Erdoğan.

FDI Bulletin June 2011

FDI Bulletin June 2011 has been published. To reach the report please click here.

FDI Bulletin May 2011

FDI Bulletin May 2011 has been published. To reach the report please click here.

Investment Policy Monitor No 5.

Investment Policy Monitor No 5. has been published. To reach the report please click here.

FDI Bulletin April 2011

FDI Bulletin April 2011 has been published. To reach the report please click here.

Investment Encouragement Program

“The Investment Encouragement Program (IEP)” targeting to support investments in Turkey and during the restructuring of the new cabinet, Ministry of Economy was entitled as the implementing institution for IEP in July 2011.

According to the regional demarcation, Turkey is classified into four regions and encouragement measures to be provided are differentiated with respect to the development status of the region where the investment is located. With regard to encouragement of investments concerning the production of goods and services, the Program is based on three pillars which differs in terms of encouragement measures:

  • Regional and sectoral implementation,
  • Implementation for large investments,
  • General investment encouragement mechanism.
Regional and sectoral implementation aims to eliminate interregional imbalances by means of encouragement of sectors determined in the Decree within different regions. Amount of support for certain measures to be provided under this pillar reduces as the development level of the region concerned increases. The second pillar regarding encouragement of large investments tries to contribute to international competitiveness and employs high technologies and R&D activities. In addition to that, investment subjects which do not fall into the first two categories may benefit from measures provided under general investment encouragement mechanism.
As in the previous IEPs, both domestic and foreign investors can benefit from the measures under equal terms and conditions and the measures offered under the Program are not directly related to trade.

Additionally, if needed, additional information concerning the investment encouragement system, please contact the Ministry of Economy.

 

Legal Basis

Investment encouragements which are designed and implemented by the Ministry of Economy are based on the provisions of Board of Ministers decrees and implementing communiqués.

The “Decree No:2009/15199 Concerning State Encouragements to Investments”  has been adopted to replace the “Decree No: 2006/10921 Concerning State Encouragements to Investments” . The Decree that is in line with the objectives envisaged in the Annual Programs establishes the necessary legal framework for state encouragements to investments by determining the purpose, scope, encouragement measures, regional classification, eligibility criteria and other basic rules regarding implementation. The Decree No:2009/15199  was subject to minor modifications by Amending Decrees  to provide compatibility with “Customs Union with EU” rules.

Purpose

The purpose of the Decree is, in line with the projected targets in Development Plans and Annual Programs as well as international agreements, to orient savings to investments with higher value added investments, increase production and employment, ensure continuity of investment propensity and the sustainable development, encourage large investments contributing to international competitiveness and employing high technologies, stimulate direct foreign investments, reduce regional development disparities, support investments for environmental protection and R&D activities.

Scope

All investors, who have prepared their investment feasibility studies and proposals, apply to the the Ministry of Economy with the related documents and after the evaluation to be made by the Ministry on the basis of macro-economic programs, supply vs. demand conditions and sectoral, financial and technical terms, eligible investment projects in conformity with the Decree and Communiqué are granted an Investment Encouragement Certificate which enables to benefit from the encouragement measures enlisted on it.

By taking into consideration the international commitments and regional and sectoral restrictions determined in the Decree, investment activities related to the production of goods and services, research and development (R&D) and environmental protection can benefit from the encouragement measures provided by the Decree.

In the Decree, encouragement of the investments concerning the production of goods and services is mainly differentiated into three categories with respect to encouragement measures to be provided:

  • Regional and sectoral implementation
  • Large investments
  • General investment encouragement mechanism

Regional Classification

The core objective of the system is to eliminate inter-regional imbalances. In the Decree with regard to the implementation of encouragement measures provinces have been classified into four regions as Region I, Region II, Region III and Region IV on the basis of NUTS 2 classification as determined in the Board of Ministers Decree No.2002/4720.

According to regional classifications and other classifications investments can benefit from the following investment encouragement measures;

  1. Investments which are subject to regional support;
    • In the Regions I and II;
      • Customs duty exemption
      • VAT exemption
      • Tax reduction
      • Social security premium support
      • Land allocation
    • In the Regions III and IV;
      • Customs duty exemption
      • VAT exemption
      • Tax reduction
      • Social security premium support
      • Interest support
      • Land allocation
  2. Large investments;
      • Customs duty exemption
      • VAT exemption
      • Tax reduction
      • Social security premium support
      • Land allocation
  3. General investment encouragement mechanism; investments which do not fall into the scope of regional support or large investments and; with a fixed investment cost above the specified minimum amounts and excluded from the list of sectors not to be supported determined by the Annex IV of Decree No: 2009/15199,
      • Customs duty exemption
      • VAT exemption

Minimum Fixed Investment Cost

In order to issue an investment encouragement certificate for an investment project, minimum amounts of fixed investment costs are identified in the Decree as follows:

  • within the scope of regional and sectoral implementation minimum amounts are determined in the Annex II for certain investment subjects and for other subjects of  investments for which no amount has been specified in Annex II, the amounts are;
    • 1 million TL. in the provinces within the coverage of Region I and Region II,
    • 500 thousand TL. in the provinces within the coverage of Region III and Region IV.
  • within the scope of large investments minimum amounts are established in Annex III.

 

Application Procedure

Submission of following documents are required for application to the Ministry of Economy for the issuance of incentive certificate;
  • Circular of signature of the persons authorized to represent and bind the company to realize investment project,
  • Turkish Commercial Registration Gazette or Turkish Tradesmen and Craftsmen Registration Gazette documenting the current status of the company,
  • Investment application form and its annexes containing information in accordance with the format provided in the Communiqué published  pursuant to the Decree,
  • Original copy of the receipt indicating deposit of the amount mentioned in the Decree to the account of the accounting unit,
  • Original of the letter to be received from the related departments of the Social Security Institution confirming that the company has no premium debt and administrative fine due or it has been deferred, credited or re-structured pursuant to Social Insurance and General Health Insurance Law No. 5510 and the restructuring is still valid,
  • For the investments indicated in the lists annexed to Environmental Impact Assessment (EIA) Regulation published pursuant to Environment Law No 2872, EIA Report indicating affirmation of the investment in terms of its environmental impact or the document indicating that EIA Report is not necessary.
The Ministry of Economy is authorized to request additional information and comments, permission, license and other documents received from the public authorities and institutions depending on the subject of investment if deemed necessary.

Encouragement Measures

Within the scope of the Decree investors could benefit from the following encouragement measures:
  • Exemption from Customs Duties

For the investment projects which are granted Investment Encouragement Certificate by the Ministry of Economy, imports of the machinery and equipment to be used in the production process shall be subject to Customs Duty exemption.

  • Value Added Tax Exemption
Pursuant to the Law No:3065 and date: 25/10/1984, imports and  domestic purchases of machinery and equipment within the scope of the investment encouragement certificate are exempted from the Value Added Tax.
  • Interest Support
In order to benefit from the measure “interest support” investments should be made either;
    • in provinces located in regions III and IV or
    • in the field of research and development  (R&D) or
    • in the field of environmental protection.

Interest support shall be granted as the compensation of certain basis points of the interest rate to be paid to financial institutions for credits with a maturity of at least one year up to 70% of the investment amount. The rates of compensations are provided in the table below:

Table 1:  Interest Support Compensation Rates

TL Credit Basis Points

FX Credit Basis Points Max. Amount Compensated (TL) Max. Duration for Compensation (Years)
Region III 3 1 500.000 5
Region IV 5 2 500.000 5
Environmental Protection 5 2 300.000 5
Research  Development 5 2 300.000 5

 

The period of compensation covers the first 5 years at maximum. Interest support under the same conditions can also be provided to investments financed through financial leasing, only if a repayment plan is prepared including the interest payments.

Total interest support for investment credits per project shall in no case exceed;

    • 300 thousand TL for R&D and environmental protection investments,
    • 500 thousand TL for investments made in region III and region IV.
  • Social Security Premium Support

Large investments and regional investments issued an investment encouragement certificate are eligible to benefit from the measure. The social security premium to be paid by the employer, corresponding to the amount to be paid on minimum wage cost, is funded from the budget for the specified periods given in the table below.

The support is provided after becoming operational in completely new investments. For all other types of investments, each additional employee recruited after the notification of the average number of employees to the related Provincial Directorate of Social Security with the SSK Monthly Premium and Service Document in the last six months before the starting of investment is subject to the support following the completion of the investment.

Table 2:  Social Security Premium Support Period

Regions Investments started before Dec. 31st 2011 Investments started after Dec. 31st 2011
I 2 years -
II 3 years -
III 5 years 3 years
IV 7 years 5 years

 

In Regional and Sectoral Implementation,  Social Security Premium Support  should not exceed 6% of total investment amount in Region I, 8% in Region II, 10% in Region III and 14% in Region IV. For SMEs, 5% premium should be added to these percentages in each regions.

In Implementation for Large Investments, Social Security Premium Support should not exceed 2% of total investment amount in Region I, 3% in Region II, 5% in Region III and 7% in Region IV.

  • Tax Reduction
According to the Article 32/A of Corporate Tax Law No.5520 corporate or income tax will be reduced by;
Table 3: Rates of Tax Reduction
Regional Implementation Large Investments
Regions Contribution Rate to Investment (%) Annual Tax Reduction Rate (%) Contribution Rate to Investment (%) Annual Tax Reduction Rate (%)
I 10 25 25 25
II 15 40 30 40
III 20 60 40 60
IV 25 80 45 80
However, if an investment within the scope of an investment encouragement certificate is started to be made before December 31st 2010, the following investment contribution rates and annual tax reduction rates apply:
Table 4: Rates of Tax Reduction for Investments started before December 31st 2010
Regional Implementation Large Investments
Regions Contribution Rate to Investment (%) Annual Tax Reduction Rate (%) Contribution Rate to Investment (%) Annual Tax Reduction Rate (%)
I 20 50 30 50
II 30 60 40 60
III 40 80 50 80
IV 60 90 80 90
Table 5: Rates of Tax Reduction for Investments started before December 31st 2011
Regional Implementation Large Investments
Regions Contribution Rate to Investment (%) Annual Tax Reduction Rate (%) Contribution Rate to Investment (%) Annual Tax Reduction Rate (%)
I 15 50 25 50
II 25 60 35 60
III 35 80 45 80
IV 55 90 65 90
  • Land Allocation
In accordance with the procedures and principles set forth by the Ministry of Finance, land can be allocated to the investments within the scope of regional implementation.

 

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Republic of Turkey Ministry of Economy
General Directorate of State Aid and Foreign Investment- YOIKK Secretariat
+90-312 204 73 17 +90-312 212 89 16