The letter essentially raises a concern about mistreatment and discrimination against foreigners. “I’ve just paid my annual property tax on the house I share with my Turkish husband. In spite of the fact that we co-own the house on the tapu [title deed] and I have had Turkish citizenship since 2001 and paid copious taxes, business rates, etc. in Turkey, our beloved belediye [municipality] has still seen fit to charge me double the property tax to that which my husband has paid. When queried, the response was that people with foreign names get charged more…” Let me first give you the legal aspect of the response and then my personal comments.
I felt very bad for my reader, so I decided to call the belediye and the property tax department -- even though I knew the answer they would give me -- to ask if they implement the law in the way described in the letter. They said no.
I listened to a long speech on what the instructions are and how the property tax is received and that it is impossible to overcharge a person just because s/he is a foreigner. I insisted that there exists clear discrimination and that this should be corrected. The people I spoke with denied the possibility of what I was claiming.
Considering that this is the case, let me highlight the general rule once more: legally speaking, “there is no difference between foreigners and Turkish citizens in terms of property tax rates.” Therefore, after paying the tax, submit a petition to the belediye stating that you have been overcharged. In the petition, request the surplus amount. If the belediye declines your request or does not respond within 30 days, as required by legislation, file a petition with a tax court for your claim.
I strongly recommend that you file a petition with the tax court as doing so has helped many foreigners in Turkey. If you know of other foreigners who have been overcharged, consider it a case of discrimination and file the necessary paperwork accordingly.
As for my personal comments, after reading this latest email and considering what I have been writing for almost two years now, I though I was only writing fiction stories. I am deeply concerned with the attitude prevalent among Turks and between Turks and foreigners. Turks have been known to be just and fair since Ottoman times or even before. We have been known to be welcoming of others and to be protective of what others believe -- respecting all.
Although many problems that are encountered are relatively minor, they all point to the attitude demonstrated by Turks to others. I have been writing a column in Today’s Zaman, trying to shed some light on the legal aspect of living in Turkey. Whenever I hear of a visitor who has been cheated, abused or violated, I sincerely feel bad. I try to the best of my ability to find a solution as I see this as my personal responsibility.
As a Turkish citizen, I have faced many legal problems, so I can only imagine how difficult it can be to be a foreigner in Turkey, though we should admit that Turkey is not the most difficult place to live in. Our country has a historical and social background of trying to keep everyone happy.
Well-known Turkish poet Nazım Hikmet has some words to say. I personally find his writings sincere. He was exiled and died homesick. His hopes, pain and sorrow are reflected in his prose. Hikmet promoted equal treatment and freedom. “Let’s live like a tree, as free and independent, and like a forest, as brothers,” he says.
We have a warm and welcoming tradition of dialogue in our genes. Every single Turkish citizen should aim to demonstrate the niceness and warm kindness of the Anatolian people to others. This is indeed the general rule, accepted and put into practice by people who have the Anatolian spirit, including the imam who was offered rakı [an alcoholic beverage] but kindly refused it.
Let’s conclude. Are people treated equally in Turkey? I believe that we are doing our best and show great effort to change things. When I look at the past, I am most hopeful for the future. We should be able to assist Turkey to reconstruct its glorious seat in the hearts of the people of the world.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.