The Treaty on Avoiding Double Taxation of Income Taxes and Tax Evasion and Its Additional Protocol Between Republic of Turkey and Republic of Cote D'ivoire Has Been Approved by the President of Turkey

The Treaty on Avoiding Double Taxation of Income Taxes and Tax Evasion (Treaty) and its Additional Protocol (Protocol), which was signed between Republic of Turkey and Republic of Cote D’ivoire on 29^th February 2016 was approved by the presidential decree numbered 2470 and published on the Official gazette dated April 22, 2020.

The Treaty is composed of 29 articles and additional Protocol with two other articles, which have been drafted in line with OECD Model Tax Convention were signed between two countries. Accordingly, the first articles include terms and explanations on persons and taxes covered, general definitions, residency and permanent establishment, and remaining articles include the provisions on avoiding double taxation of taxes on income derived from immovable property, shipping, air and land transport, associated enterprises, dividends, interest, royalties, capital gains, self-employment and employment.

The Treaty is expected to support the economic and commercial relations between two countries in a positive way. Main points that come to the forefront in the Treaty can be listed as follows:

• As per Article 10 of the Treaty, dividends paid by a company, which is a resident of one of two signatory countries to a resident of the other country shall not exceed 5% of the gross amount of the dividends paid, if the ultimate beneficial owner recipient is a company, which holds directly at least 10% of the capital of the company paying the dividends; 10% of the gross amount of the dividends in all other cases.
• As per Article 11 of the Treaty, interest arising in one country and paid to a resident of the other country may be taxed in that other country but limited to 10% of the gross amount of the interest. Additionally, interests paid to central banks and the governmental institutions shall be exempt from tax.
• As per Article 12 of the Treaty, royalties arising in one country and paid to a resident of the other country may be taxed in that other country. However, the tax charged on top of royalty payments shall not exceed 10% of the gross amount of royalties.
• According to Article 22 of the Treaty, Republic of Turkey and Republic of Cote D’ivorie agreed that deduction method will be used for the avoidance of double taxation between two countries.
• According to the provisions on Article 24, in the event that there is a taxation that does not comply with the Treaty, it will be applied to the "Mutual Agreement Procedure" for the solution of this situation.

Considering Automatic Exchange of Information on Article 25 and Collaboration in Collection of Taxes on Article 26 of the Treaty, we are of the opinion that the Treaty will also strengthen financial and diplomatic cooperation between the two countries.

The Treaty will enter into force upon the last notice, which the respective governments have notified each other through official correspondences that the constitutionally required formalities have been fulfilled according to the provision on Article 28. In this context, it is envisaged that official notifications between countries will be completed within 2020, and the provisions of the Treaty will start to be implemented as of January 1, 2021.

Please click here to reach the said Presential Decree which was published on the Official Gazette dated April 22 2020, and the Treaty on Avoidance of Double Taxation of Income Taxes and Tax Evasion and its Protocol in Turkish language.

Kind Regards,

 Can DOĞRUSÖZ
Director, International Tax Consulting Services
E-mail: can.dogrusoz@centrumdenetim.com
Tel: 0212 267 21 00

 Tahsin Can NALCI
Senior Manager, International Tax Consulting Services
E-mail: tahsin.nalci@centrumdenetim.com
Tel: 0212 267 21 00