TR
EN
REVIEW OF THE TERM OF LITIGATION IN TURKISH TAX PROCEEDINGS IN ACCORDANCE WITH JUDICIAL DECISIONS
Öz
In tax proceedings under the administrative jurisdiction, in order for a taxation dispute to be resolved through a lawsuit, this dispute must be brought before the court within the term of litigation. After the deadline for filing a lawsuit, the right to claim a lawsuit in terms of the relevant dispute will expire. In doctrine and practice, it is accepted that the duration of litigation is a procedural rule related to public order, which can only be regulated by law, and which is taken into account ex officio by the court. The issues that need to be discussed about the duration of filing a lawsuit in tax proceedings are the legal nature, the basic features, the beginning, the calculation, the extension of the litigation periods, the general and special litigation periods, and whether it is possible to suspend the litigation periods. As a general rule, the duration of filing a lawsuit in the tax court is thirty days (Law No. 2577, art. 7/1). However, tax cases that fall under the jurisdiction of the Council of State as a court of first instance (Law No. 213, duplication art. 49), objection to the provisional attachment, objection to the provisional accrual, objection to the payment order and claims for remuneration (Law No. 6183, art. 15/1, 20, 58/1, 66/2 and 67/1), cases where it is obligatory to apply to the administration before filing a tax lawsuit (Law No. 213, art. 124/1; Law No. 2557, art. 10/2, 11/2), and in case of failure to reach reconciliation (Law No. 618, annex art. 7/4), special litigation periods are stipulated for the cases to be filed. While the period of filing a lawsuit against individual transactions in tax proceedings starts with a written notification, it is also possible to start the notification by publication, learning date and electronic notification. In terms of calculating the periods in tax jurisdiction, Article 8 of Law No. 2557 and Article 18 of Law No. 213 regulations will form the basis. Problems in practice related to litigation deadlines are often the subject of judicial decisions. Based on this general framework, in this article, the term of litigation in tax proceedings will be examined according to judicial decisions.
Anahtar Kelimeler
Kaynakça
- Akdoğan Abdurrahman, Vergi Hukuku ve Türk Vergi Sistemi, Gazi Publishing House, 14th Edition, Ankara, 2019.
- Akyılmaz Bahtiyar, Murat Sezginer and Cemil Kaya, Türk İdari Yargılama Hukuku, Savaş Publishing House, 4th Edition, Ankara, September 2020.
- Anayurt Ömer, Anayasa Hukuku Genel Kısım, Seçkin Publications, Ankara, September 2018.
- Arslan Mehmet, Vergi Hukuku, Dora Printing-Publishing Distribution, 9th Edition, Bursa, January 2016.
- Arslan Ramazan, Ejder Yılmaz, Sema Taşpınar Ayvaz and Emel Hanağası, Medeni Usul Hukuku, Yetkin Publications, 7th Edition, Ankara, September, 2021.
- Aslan Zehreddin (Ed.), Açıklamalı ve İçtihatlı İdari Yargılama Usulü Kanunu, Seçkin Publishing, 2nd Edition, Ankara, November 2020.
- Atalı Murat, İbrahim Ermenek ve Ersin Erdoğan, Medeni Usul Hukuku, Yetkin Publications, 4th Edition, Ankara, 2021.
- Atay Ender Ethem, İdari Yargılama Hukuku, Seçkin Publishing, Ankara, 2021.
Ayrıntılar
Birincil Dil
İngilizce
Konular
Hukuk
Bölüm
Araştırma Makalesi
Yazarlar
Yayımlanma Tarihi
31 Aralık 2022
Gönderilme Tarihi
19 Ağustos 2022
Kabul Tarihi
16 Kasım 2022
Yayımlandığı Sayı
Yıl 2022 Cilt: 27 Sayı: 47
APA
Buluttekin, M. B. (2022). REVIEW OF THE TERM OF LITIGATION IN TURKISH TAX PROCEEDINGS IN ACCORDANCE WITH JUDICIAL DECISIONS. Dicle Üniversitesi Hukuk Fakültesi Dergisi, 27(47), 417-490. https://izlik.org/JA72HW65MF
AMA
1.Buluttekin MB. REVIEW OF THE TERM OF LITIGATION IN TURKISH TAX PROCEEDINGS IN ACCORDANCE WITH JUDICIAL DECISIONS. DÜHFD. 2022;27(47):417-490. https://izlik.org/JA72HW65MF
Chicago
Buluttekin, Mehmet Burak. 2022. “REVIEW OF THE TERM OF LITIGATION IN TURKISH TAX PROCEEDINGS IN ACCORDANCE WITH JUDICIAL DECISIONS”. Dicle Üniversitesi Hukuk Fakültesi Dergisi 27 (47): 417-90. https://izlik.org/JA72HW65MF.
EndNote
Buluttekin MB (01 Aralık 2022) REVIEW OF THE TERM OF LITIGATION IN TURKISH TAX PROCEEDINGS IN ACCORDANCE WITH JUDICIAL DECISIONS. Dicle Üniversitesi Hukuk Fakültesi Dergisi 27 47 417–490.
IEEE
[1]M. B. Buluttekin, “REVIEW OF THE TERM OF LITIGATION IN TURKISH TAX PROCEEDINGS IN ACCORDANCE WITH JUDICIAL DECISIONS”, DÜHFD, c. 27, sy 47, ss. 417–490, Ara. 2022, [çevrimiçi]. Erişim adresi: https://izlik.org/JA72HW65MF
ISNAD
Buluttekin, Mehmet Burak. “REVIEW OF THE TERM OF LITIGATION IN TURKISH TAX PROCEEDINGS IN ACCORDANCE WITH JUDICIAL DECISIONS”. Dicle Üniversitesi Hukuk Fakültesi Dergisi 27/47 (01 Aralık 2022): 417-490. https://izlik.org/JA72HW65MF.
JAMA
1.Buluttekin MB. REVIEW OF THE TERM OF LITIGATION IN TURKISH TAX PROCEEDINGS IN ACCORDANCE WITH JUDICIAL DECISIONS. DÜHFD. 2022;27:417–490.
MLA
Buluttekin, Mehmet Burak. “REVIEW OF THE TERM OF LITIGATION IN TURKISH TAX PROCEEDINGS IN ACCORDANCE WITH JUDICIAL DECISIONS”. Dicle Üniversitesi Hukuk Fakültesi Dergisi, c. 27, sy 47, Aralık 2022, ss. 417-90, https://izlik.org/JA72HW65MF.
Vancouver
1.Mehmet Burak Buluttekin. REVIEW OF THE TERM OF LITIGATION IN TURKISH TAX PROCEEDINGS IN ACCORDANCE WITH JUDICIAL DECISIONS. DÜHFD [Internet]. 01 Aralık 2022;27(47):417-90. Erişim adresi: https://izlik.org/JA72HW65MF