Assessments on Compliance/Non-Compliance of the Digital Service Tax in Regard to Constitutional Principles of Taxation

The Digital Service Tax was introduced to the Turkish tax legislation with Act 7194 published in the Official Gazette dated 07.12.2019. However, the Digital Service Tax, like any tax, must comply with the constitutional principles of taxation. There are seven principles of taxation in the financial...

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Main Authors: Rabia Kılıçkaya, Öner Gümüş
Format: Article
Language:English
Published: Istanbul University Press 2023-11-01
Series:Maliye Çalışmaları Dergisi
Subjects:
Online Access:https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/3266BA78EC7A4CBC93019D97856F93EB
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author Rabia Kılıçkaya
Öner Gümüş
author_facet Rabia Kılıçkaya
Öner Gümüş
author_sort Rabia Kılıçkaya
collection DOAJ
description The Digital Service Tax was introduced to the Turkish tax legislation with Act 7194 published in the Official Gazette dated 07.12.2019. However, the Digital Service Tax, like any tax, must comply with the constitutional principles of taxation. There are seven principles of taxation in the financial sense in the constitution. These principles are contained in article 73 of the constitution. There are principles related to taxation in other articles of the constitution. As a result, the Digital Service Tax is incompatible with the principle of tax justice, the principle of equality of tax, the principle of being able to pay taxation, the principle of the generality of tax, the principle of fair and balanced distribution of tax burden and the principle of legality of the tax, while it is compatible only with the principle that the tax should be the equivalent to public expenditures. These compatibilities and incompatibilities are also valid for the actions of the OECD and the EU on the digital economy. In other words, the Digital Service Tax does not comply with the conditions of the day either. The conclusion reached in general terms is that the digital service tax shows a severe incompatibility with the constitutional principles of taxation.
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issn 2757-6728
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publishDate 2023-11-01
publisher Istanbul University Press
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series Maliye Çalışmaları Dergisi
spelling doaj-art-e764b4757a294778b9a048e2530a210f2025-08-20T03:52:42ZengIstanbul University PressMaliye Çalışmaları Dergisi2757-67282023-11-0170708310.26650/mcd2023-1320762123456Assessments on Compliance/Non-Compliance of the Digital Service Tax in Regard to Constitutional Principles of TaxationRabia Kılıçkaya0https://orcid.org/0000-0002-8322-3685Öner Gümüş1https://orcid.org/0000-0002-3231-3293Kütahya Dumlupınar Üniversitesi, Kutahya, TurkiyeKütahya Dumlupınar Üniversitesi, Kutahya, TurkiyeThe Digital Service Tax was introduced to the Turkish tax legislation with Act 7194 published in the Official Gazette dated 07.12.2019. However, the Digital Service Tax, like any tax, must comply with the constitutional principles of taxation. There are seven principles of taxation in the financial sense in the constitution. These principles are contained in article 73 of the constitution. There are principles related to taxation in other articles of the constitution. As a result, the Digital Service Tax is incompatible with the principle of tax justice, the principle of equality of tax, the principle of being able to pay taxation, the principle of the generality of tax, the principle of fair and balanced distribution of tax burden and the principle of legality of the tax, while it is compatible only with the principle that the tax should be the equivalent to public expenditures. These compatibilities and incompatibilities are also valid for the actions of the OECD and the EU on the digital economy. In other words, the Digital Service Tax does not comply with the conditions of the day either. The conclusion reached in general terms is that the digital service tax shows a severe incompatibility with the constitutional principles of taxation.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/3266BA78EC7A4CBC93019D97856F93EBdigitalizationdigital service taxconstitutional taxation principlespublic expendituresbeps
spellingShingle Rabia Kılıçkaya
Öner Gümüş
Assessments on Compliance/Non-Compliance of the Digital Service Tax in Regard to Constitutional Principles of Taxation
Maliye Çalışmaları Dergisi
digitalization
digital service tax
constitutional taxation principles
public expenditures
beps
title Assessments on Compliance/Non-Compliance of the Digital Service Tax in Regard to Constitutional Principles of Taxation
title_full Assessments on Compliance/Non-Compliance of the Digital Service Tax in Regard to Constitutional Principles of Taxation
title_fullStr Assessments on Compliance/Non-Compliance of the Digital Service Tax in Regard to Constitutional Principles of Taxation
title_full_unstemmed Assessments on Compliance/Non-Compliance of the Digital Service Tax in Regard to Constitutional Principles of Taxation
title_short Assessments on Compliance/Non-Compliance of the Digital Service Tax in Regard to Constitutional Principles of Taxation
title_sort assessments on compliance non compliance of the digital service tax in regard to constitutional principles of taxation
topic digitalization
digital service tax
constitutional taxation principles
public expenditures
beps
url https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/3266BA78EC7A4CBC93019D97856F93EB
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AT onergumus assessmentsoncompliancenoncomplianceofthedigitalservicetaxinregardtoconstitutionalprinciplesoftaxation