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Voluntary Legal Action over 12 % Property tax - Join the legal challenge

Posted: Mon 26 Aug 2024 12:58 pm
by Saddique
Hi My friend Cenap Turgut has kindly met up with a few voluntary solicitors who are willing to challenge the governments retrospective tax increase which came into force in February 2024.

Previous sales contracts registered before February 2023 for first time buyers was legislated and eligible to be taxed at 3%.

Subsequently this law was abolished in February 2024 with no prior warning or notice.

Now a group of lawyers are willing to challenge this law arguing that it is illegal to change the law retrospectively.

This law predominantly affects all foreigners , British, Russian ,German , Iranian and others with dire consequences.

They are looking for people who are affected to join the action.

Please get in touch if you are affected by completing your details on the online form to be included in the action



This is an extract below of what is being said by Cenap Turgut of Select Estates:

Currently, we have reached over 500 supporters via email, with the majority (90-95%) being British victims.
However, in the last 30 months, there have been more than 20,000 sales, so I believe we should aim to reach at least 3,000 supporters.

We need to spread the word in other national communities,
on platforms like Telegram,
Facebook,
and WhatsApp,
especially in Russian, German, and Iranian groups,
because most buyers in the last 30 months have been from Russia and Iran, followed by Germany.
If someone can access these groups, it would be extremely helpful.
May be you can?

Now, I'll briefly explain our action plan:
Last week three court cases open ( estate agents association, bar association and isad) against the foreign national real estate law.
However, this did not include the tax issue because the tax law was introduced last year and faced no opposition from any group.
Therefore, we must pursue this as an individual action.

I'm grateful to have found volunteers, thanks to my friends Sid who are willing to join this legal action plan.
They must pay the taxes demanded by the new law and then protest the government by opening a court case.
These volunteers will represent nearly 20,000 people.
But we still need a few more volunteers.
If you are willing to join, please fill out the form linked below.
All volunteers must have enough funds to be able to pay their taxes so that when we achieve victory, all taxes can be refunded to those victims.

We are planning to create a fund to support these volunteers with the legal action, but I will explain more about this in my next email. As I am still searching this.


We need to grow and come together.
On coming emails, I will explain more about plan and lawyer names.

But,
I will need your support to grow more because together we can only be stronger.
All we need is justice.
So please share this and try to reach more tax victims to support us in the near future.
That's all for now.
Cenap

Only volunteers who wish to participate in legal proceedings to file a lawsuit may fill out this form. ⬇️
https://cenapturgut.fillout.com/t/49ccDn2vB2us


If you like to help: Share this link for new supporters to subscribe their email so I can reach them to communicate.
Newsletters subscribe link: ⬇️
https://cenap-turgut.ck.page/selectestates

Re: Voluntary Legal Action over 12 % Property tax - Join the legal challenge

Posted: Mon 26 Aug 2024 1:54 pm
by wanderer
Saddique
The whole act is aborant I have my Kocan have had for 14 years but unfortunatly it is worthless thanks to this act
If you are an owner on shared title you cann't sell unless you have ‘Kat İrtifak Koçanı’ to get that you have to have the site parcelised
Impossible the owners of where we are are scattered to the 7winds the government have made the propety unsaleable and will not parcelise property that they have the details of they collect the Emlak tax supply electricity and water and granted permission to build
I would not mind paying the government for individual title .
Plus we cant live there with the ‘Kat İrtifak Koçanı’ because we don't have the right racial mix only 1/12 is Turkish not even TC
There will be a lot of empty non taxpaying property when this generation dies off

Re: Voluntary Legal Action over 12 % Property tax - Join the legal challenge

Posted: Mon 26 Aug 2024 6:50 pm
by Orbit
The assumption that the court case will be won, and then that those that paid their 12% will get it refunded is quite a big assumption. I hope it works, I really do…..

Re: Voluntary Legal Action over 12 % Property tax - Join the legal challenge

Posted: Tue 27 Aug 2024 8:01 am
by Reyntj
Being a citizen I've just paid 6 % and had the opportunity to pay only 1 % during COVID but didn't pull my finger out . I guess the bit they are challenging is the 6 % on contract doubt they can do anything about the prevailing 6 % on deeds which everyone has to pay and is the current tax . I can see the validity of the claim for existing contracts prior to the law as it seems unfair and hope that any claim works out. I think they must be trying to claim the 6 % up front can't see any legal basis for the completion 6 % or I would be joining the battle myself .

One can see the tax rates being reduced when the property sales stop completely and the economy gets even worse .

Re: Voluntary Legal Action over 12 % Property tax - Join the legal challenge

Posted: Tue 27 Aug 2024 12:49 pm
by Saddique
This is about the Government changing the law retrospectively in Feb 2024 , without giving any deadlines or timeframe to the initial law passed in Feb 2023 wherby all sales contracts before this date were eligible to pay 3% for first time buyers and after this date for foreigners it was increased to 12 %.

its the retrospective part of the law that is being challenged and not the new rate of 12% after February 2023.

Re: Voluntary Legal Action over 12 % Property tax - Join the legal challenge

Posted: Tue 27 Aug 2024 2:47 pm
by Reyntj
Yeah so the 6;% up front on contract is the thing they changed retrospectively . The new tax is to be charged on contract so how can they apply that to old contracts .

The prevailing tax at the time is what it is .there was no guarantee the deed completion fee would remain at 3 % ..everybody knows that this tax can change at any time and has done so like when there was a discount to only 1:% . Exactly the same as UK stamp duty changes over the year .and other countries . If you deferred paying stamp duty in the UK which is actually possible then it went up that's how it is . Countries can change their taxes as they feel fit and without notice. All you have to do is look at any chancellor's budget and see that many tax changes are immediate or from midnight.

Re: Voluntary Legal Action over 12 % Property tax - Join the legal challenge

Posted: Sat 31 Aug 2024 9:45 am
by Jeremy S
What about the legal issues over time limits for PTP, parcelisation, the threat of £400k or £500k penalties, and losing one's home because it's legally impossible to comply with the new rules?

Re: Voluntary Legal Action over 12 % Property tax - Join the legal challenge

Posted: Sat 31 Aug 2024 6:42 pm
by lbarnes435@aol.com
IS THE STAMP DUTY THE SAME AS THE TAX TO OBTAIN OUR KOZAMS OR ARE THEY SEPARATE
MY APARTMENT IS ON CHELSEY VILLAGE ARAPKOY WE WILL NEVER GET OUR KOZAMS AS THE OWNER HAS DONE A RUNNER AND MY SOLICITOR HAS WIPED HER HANDS OF THE MATTER AS DOESNT KNOW WHERE HE IS EVEN IN THE SALES CONTRACT IT STATES OWNER HAS TO GIVE US OUR KOZAMS I BOUGHT THERE IN 2006 WE ARE ALL WHO LIVE THERE IN SAME POSITION
WITH THE NEW RULES IF THE OWNER DOES NOT PAY HIS TAX AND OUR SHARE TOO AND GIVE US OUR KOZAMS BUT LIKE I SAID HES NEVER GOING TO DO AND THIS IS IN A TIMEFRAME OF SIX MONTHS THE WHOLE CONTRACT AND PERMISSION TO BUY WILL BE ALL VOIDED AND ALL OUR MONEY WE PUT IN TO BUYING OUR PROPERTYS GONE
AS I SAID NO SOLICITOR WILL HELP WITH THIS AS THEY KNOW THEY ARE AT A DEAD END WITH IT
I FEEL THE BEST THING NOW IS TO JUST WALK AWAY WITH OUR LOSSESS AND NOT PAY A PENNY MORE AS NO POINT AS YOU STILL NOT GET YOUR KOZAMS AND AS WELL FINED THOUSANDS IN FINES FOR NOT GETTING YOUR KOZAMS WITHIN THE SIX MONTH1 TIMESCALE THEN ALL VOIDED
ANYONE FROM CHELSEY VILLAGE ON THIS FORUM I WOULD BE VERY INTERESTED TO HEAR YOUR COMMENTS ON THIS

Re: Voluntary Legal Action over 12 % Property tax - Join the legal challenge

Posted: Sun 01 Sep 2024 5:35 am
by Reyntj
They should set up some legal
Body to act if builders vanish and give all kocans .if the owners can't pay the outstanding taxes/fees there should be a mechanism whereby costs are notionally paid and a lien is put on the property so people can get their deeds and at least sell their property. They have taken a sledge hammer to a an issue that was caused by their own lax implementation of laws . The same with shared deeds if the builder has done a bunk they should intervene on their behalf and do whatever work to make them individual title again with costs paid for by the owners and if they don't have funds debt can be put on the property . The current status quo isn't going to end well for the trnc as if many people lose houses and get fines the media will be catastrophic for them so imo it's in their best interests to find an alternative solution such as stepping in and making titles available with loans charged on the property to pay for it if people can't pay . Unfortunately I get the feeling that they don't care if no. Imore foreigners ever buy again and there are only Turkish and Tc buyers which might be the end outcome. It's like putting Tommy Robinson in charge in the UK extreme right wing politics .They have announced a new scheme where young people can buy a home with 20 % deposit and 2/3 rd minimum wage payment but can never sell the home ? Sounds strange ..maybe thats where all the problem confiscated houses will end up..