The application of the Provisional Article 33 of the Tax Procedure Law for 2021 accounting period is annuled by the Constitutional Court Decision numbered 2023/105 E. and 2023/208 K. published in the Official Gazette dated 16.01.2024.
In the justification of the court decision, it was stated that the amendment resulted in the retroactivity of the legal rules to an extent incompatible with the principle of legal security.
This decision creates a favourable result for the taxpayers that submit the declarations pertaining to FY2021 with reservation.
As a result of the Constitutional Court decision, taxpayers that have not applied inflation adjustment while determining the corporate tax base should assess the advantages and disadvantages of taking action under the provisions of Tax Procedure Law numbered 116 to 124.
The Constitutional Court decision is available here.
https://www.resmigazete.gov.tr/eskiler/2024/01/20240116-10.pdf