A person who sells a home in Türkiye within five years of buying it does not necessarily have to pay tax. First, it is determined whether the sale falls within a commercial activity, how and when the home was acquired, and whether the sale produces a gain subject to tax. For a home acquired for consideration and sold within five years, the gain that remains after indexed cost and legally accepted expenses are deducted is assessed. For gains from value increases within scope obtained in 2026, the annual exemption is 150,000 TL. Living abroad, however, does not by itself exempt a sale of a home in Türkiye from tax. [K1, K2]
Pay particular attention to the filing deadline: A non-resident taxpayer who is not required to file an annual return and who earns a gain from the sale of a property in Türkiye that is subject to an individual filing must declare it within 15 days of obtaining the gain. The tax calculated on that return is also paid within the filing period. For this reason, a seller living abroad cannot simply be told, “You will file next March.” [K1, K3]
This guide addresses sales of homes in the personal assets of individuals. Sales of real estate by companies and commercial enterprises are subject to different rules. The 2026 amounts in the explanations relate to gains obtained in 2026; filing a 2025 gain in 2026 is a separate period.
Distinctions that determine the tax liability on a home sale
| Situation | Result for gains from value increases |
|---|---|
| Home acquired for consideration and sold within five years | The gain is calculated; expenses, indexation and the annual exemption are applied together. |
| Home acquired for consideration and sold after the five-year period | Where there is no commercial activity, this taxation under Article 80 (repeated) of the Income Tax Law No. 193 (GVK) does not apply. |
| Home acquired free of charge by inheritance or gift | It falls outside the five-year value-increase gain provision for this property sale. |
| Annual net gain within scope not exceeding 150,000 TL in 2026 | No gain-from-value-increase tax arises from this gain. Other income is assessed separately. |
| Regular buying and selling or the existence of a commercial organization | Commercial income provisions come into play; the five-year period and this exemption cannot be applied automatically. |
These distinctions relate to income tax. The absence of a gain-from-value-increase tax does not mean that separate obligations do not exist, such as title deed fees, past property tax, or inheritance and transfer tax on property acquired by inheritance. [K1]
Disposal under the law is not limited to a sale by title deed. Transactions such as transfer for consideration, exchange, expropriation or contribution of property to a company as capital may also fall within the provision. The examples in this guide focus on home sales. [K1, Article 80 (repeated)]
When a person living abroad is a non-resident taxpayer (dar mükellef)
For income tax purposes, full or limited tax liability is not determined by citizenship alone. Residence in Türkiye, domicile, length of stay and special situations under the law are assessed together. Being a Turkish citizen does not in every case make a person a full taxpayer, and having a bank account or an address abroad does not by itself determine the result.
The 2026 statement of the Revenue Administration (Gelir İdaresi Başkanlığı, GİB) states that Turkish citizens who have been abroad for more than six months on a work or residence permit are, apart from the stated exceptions, taxed as non-resident taxpayers on their income in Türkiye. Turkish citizens abroad because of their work for public institutions or for private enterprises headquartered in Türkiye are excluded from this general group. [K4]
Non-resident status does not mean that income from Türkiye is tax-free. A sale gain on a home located in Türkiye may fall within the scope of Turkish tax law. In the sale file, other income in Türkiye should be reviewed alongside residence and work documents; the choice of return type depends on these.
When does the five-year period start
For property acquired for consideration, the starting point is, as a rule, the date of registration in the land registry. The period is not determined by counting calendar years or by a fixed calculation of 1,825 days that treats every year as 365 days. The acquisition date and the sale date are compared on the calendar for the five-year period. [K1, K5]
For example, a home acquired on 15 October 2021 and sold on 14 October 2026 falls within the five-year period. If the same home is sold on 16 October 2026, it falls outside that period, provided the acquisition date is undisputed. Where the sale is timed to the exact anniversary, the last-day calculation should be checked separately in the file. For a home acquired on 31 December 2021, five years have not passed by 1 January 2026.
Delivery and actual use before land registry registration
A promise of sale, earnest money (kapora) or a special sale agreement does not by itself bring the acquisition date forward in every case. However, Income Tax Circular No. 76 (Gelir Vergisi Sirküleri 76) of the Revenue Administration states that, in certain cases, actual delivery ready for use before land registry registration may be taken as the basis. Evidence such as an allocation or delivery certificate and subscription records showing actual use is important. That a contract is old is not the same as documenting actual delivery. [K5]
Floor ownership easement (kat irtifakı) and acquisition in exchange for land
Moving from a floor ownership easement (kat irtifakı) to condominium ownership (kat mülkiyeti) does not in every case start a new five-year period. On the other hand, where land is exchanged for an independent unit (kat karşılığı) or certain changes of use occur, the administration has special assessments of the acquisition date. The date of the old land cannot be used for a new flat without review. The gratuitous nature of an acquisition is also a distinction that must be protected separately. [K5]
These files should show the first acquisition document, contract, delivery, registration and use dates in a single table. An administrative explanation should not be presented as the outcome of a court decision on a different event.
Sale of a home acquired by inheritance or gift
Inheritance and a genuine gift are acquisitions without consideration. Article 80 (repeated) of the Income Tax Law (GVK) on immovable property excludes acquisitions without consideration from its scope. Therefore, the sale of an inherited home two years after the inheritance does not give rise to income tax under this provision merely because five years have not passed. No additional requirement is imposed that the decedent (mirasbırakan) held the home for five years. [K1]
Taxes on inheritance transfer or gifts are assessed separately. If later transactions turn into commercial activity, the outcome is examined separately. Presenting a transaction for consideration as a gift in the documents does not replace its real nature as an acquisition. If one share of the same property was acquired by inheritance and another share was bought later, the acquisition method and date of each share should be separated.
How the 150,000 TL exemption applies in 2026
The exemption is deducted not from the sale price but from the calculated net gain from the value increase. For example, even if the sale price is several million lira, no gain may arise after cost and expenses. By contrast, 150,000 TL is not the maximum price at which the home can be sold tax-free. [K1, K2]
The exemption is assessed per person and per calendar year. The same person cannot apply the 150,000 TL deduction separately to each covered sale in the same year. In co-ownership in shares, each owner is assessed on the sale price, cost, expenses and annual gain total relating to their own share; spouses’ gains are not automatically treated as the calculation of a single person.
For a gain earned in 2025, the exemption of 120,000 TL does not become 150,000 TL merely because the return is filed in 2026. The year to which the sale gain belongs must be determined correctly before the amount is chosen. [K2]
How the sale gain is calculated
The calculation starts with the real total benefit obtained in exchange for the disposal. From it, the acquisition cost is deducted, with its indexed amount where the conditions apply, together with the sale expenses that the seller can legally deduct and any taxes or fees. The exemption is applied to the net gain that remains, taking into account the other gains of the same year. [K1, Article 81 (repeated)]
Net gain = real sale consideration − eligible cost − sale expenses deductible by the seller.
Taxable amount = net gain within scope for the year − available annual exemption.
Failure to establish the cost does not allow the seller to use an estimated amount of their choice. The law provides that, in such a case, the amount determined by the assessment committee (takdir komisyonu) under the provisions of the Tax Procedure Law (Vergi Usul Kanunu) is taken as the basis. Loss of documents should be addressed before the sale. [K1, Article 81 (repeated); K10]
If part of the sale price was paid directly to the bank to clear a mortgage, the net money that reaches the seller’s account alone is not automatically the sale price. If the purchase price was taken into account as cost, the loan principal that financed that price cannot be deducted as an expense a second time. Likewise, the same expenditure cannot be both added to the cost and deducted as a sale expense, as this would distort the calculation.
The 10 percent threshold for Yİ-ÜFE indexation
For indexation, the general domestic producer price index (Yİ-ÜFE) for the month before the month of acquisition and the index for the month before the month of sale are used. The index before the sale is divided by the index before the acquisition to find the coefficient. Where the index increase is 10 percent or more, the cost is increased by this method. An increase of exactly 10 percent also meets the condition. The twelve-month average used for increases in the Consumer Price Index (TÜFE) or in rent cannot replace this calculation. [K1, K6]
In an actual sale calculation, the relevant months and published indices should be recorded in the calculation file. An index for a future month estimated in advance should not be presented as the definitive tax. The Revenue Administration’s calculation tool for gains from value increases may be used as an aid for checking; the tool does not replace the legal review of liability and the filing period.
Which expenses can be taken into account
Expenses that remain with the seller, relate to the sale and are documented, such as title deed fees and estate agent commission, are considered. The cost nature of purchase-related expenses and of investments that increase the value of the property is examined separately. An invoice or receipt should show to whom the payment belonged and how it relates to the transaction. [K1, Article 81 (repeated)]
Expenses borne by the buyer cannot be deducted from the seller’s account. Ordinary building dues (aidat), and personal electricity and water expenses, also cannot be deducted from the sale gain, because they relate only to the home. For loan interest, early repayment charges and renovation expenses, the nature of the expense, its documentation, the period to which it belongs, and whether it has been used in another income calculation must be examined separately. Adding every loan installment in full to the cost, or an estimate of renovation without documents, is not correct.
2026 tax brackets and a sample calculation
For gains from value increases, the non-wage income tariff applies. The brackets below apply to 2026 calendar-year income. The rate is calculated on a progressive tariff, not by applying the rate of the last bracket to the whole amount. [K7]
| Taxable amount | 2026 income tax calculation |
|---|---|
| Up to 190,000 TL | 15 percent |
| Over 190,000 TL and up to 400,000 TL | 28,500 TL + 20 percent of the amount above 190,000 TL |
| Over 400,000 TL and up to 1,000,000 TL | 70,500 TL + 27 percent of the amount above 400,000 TL |
| Over 1,000,000 TL and up to 5,300,000 TL | 232,500 TL + 35 percent of the amount above 1,000,000 TL |
| Over 5,300,000 TL | 1,737,500 TL + 40 percent of the amount above 5,300,000 TL |
The amounts in the following example and the 1.50 index coefficient are hypothetical; they are not Turkish Statistical Institute (TÜİK) data for specific months. Assume that a home acquired for consideration is sold within five years, in 2026, that there is no commercial activity, and that the seller has no other gain against which the exemption would be used.
| Calculation item | Amount |
|---|---|
| Acquisition cost | 4,000,000 TL |
| Indexed cost with a hypothetical 1.50 coefficient | 6,000,000 TL |
| Real sale consideration | 7,600,000 TL |
| Acceptable sale expenses of the seller | 200,000 TL |
| Net gain | 1,400,000 TL |
| 2026 annual exemption | 150,000 TL |
| Taxable amount | 1,250,000 TL |
| Calculated income tax | 320,000 TL |
The last line is calculated as 232,500 + (250,000 × 35 percent) = 320,000 TL. This example does not include the stamp duty on the return or other obligations that may arise in the specific case. If there are other incomes to be assessed together in the annual return, the total tariff calculation may change. The type of return cannot be determined from this table alone.
The 15-day individual return for non-resident taxpayers
Under Article 101 of GVK, non-residents who are not required to file an annual return report gains from the sale of covered real estate to the tax office where the property is located, by way of an individual return (münferit beyanname). For this sale gain, the period is 15 days from the date the gain is obtained. Under Article 120 of GVK, the tax is paid within the period for filing the individual return. [K1, K3]
First, it must be determined whether the gain is in fact subject to this return. It cannot be concluded that every sale for which no gain-from-value-increase tax arises, because of inheritance, the five-year period or the exemption, requires an automatic individual return. Conversely, where the obligation exists, moving to Türkiye, transferring the sale money abroad or waiting for the following March does not extend the period.
For a non-resident with other income in Türkiye, which income gives rise to the annual return obligation and by which return the sale gain is to be reported are determined by reading Articles 85, 86 and 101 of GVK together. The statement “I also have other income in Türkiye” is not, by itself, enough to choose an annual return instead of an individual return.
In an installment sale, the date of acquisition and the period to which the price belongs must be assessed under the contract, the transfer and the collection conditions. It cannot be assumed that a new 15-day period starts with each installment, or that taxation is automatically postponed when payment is moved to a later date.
When the annual return is filed
Where the annual return regime applies, under the current general rules the 2026 income is declared in March 2027, and income tax is paid in two installments, in March and July. The official calendar for the relevant year, filing extensions and special situations should also be checked. This explanation does not change the 15-day period of a non-resident who must file an individual return. [K1, Articles 92 and 117]
| Return situation | Filing and payment approach |
|---|---|
| Non-resident with no obligation to file an annual return, and a sale gain within scope | Individual return within 15 days of obtaining the gain; the tax is paid within the same filing period. |
| 2026 income under the annual return regime | Under the general rule, the return is filed in March 2027, with income tax paid in March and July installments. The current calendar is checked separately. |
For annual returns, the Ready Declaration (Hazır Beyan) may be used for suitable income types. However, the presence of the Ready Declaration screen does not give the right to fulfil an individual return obligation through the annual return. The current channel and authorization suitable for the return type should be checked. If representation abroad is needed, the scope of the power of attorney and the authority to submit the return should be drafted separately.
Deductions available on the annual return, such as personal insurance, education, health or donation, must meet the conditions of Article 89 of GVK and related provisions; these are not the same items as the sale cost. Offsetting losses from other gains against other income items is also not possible under Article 88 of GVK. Each deduction or loss should be examined separately for the return type in which it is to be used. [K1, Articles 88–89; K10]
Sales in foreign currency and tax in the country of residence
Income tax in Türkiye is calculated in Turkish lira. Comparing purchase and sale prices in euros and stating that no profit arose does not show that there is no gain subject to tax calculated in Turkish lira. The amounts of the transaction are considered together with the relevant dates, conversion and documentation. No separate deduction absent from the legislation can be created to offset the exchange-rate effect. [K1, Article 81 (repeated)]
Sending the sale price to an account in a foreign country does not remove the link of the immovable property with Türkiye. Bank statements, the title transfer, the sale contract and the tax calculation should be consistent. Because it may be necessary to explain the source of the money, keeping documents in an accessible form is useful.
The tax rules of the country of residence on the same gain should also be examined separately. The double taxation treaty between Türkiye and that country that is in force should be checked for its provisions on gains from immovable property and on the elimination of double taxation. Granting Türkiye the right to tax does not mean that all notification obligations in the other country disappear. The method of offset or exemption is determined by country and treaty; a single result cannot be given for all countries. [K8]
Actual sale price and other tax risks
The property tax value recorded by the municipality is not the same concept as the real sale consideration. For the gain from the value increase, the real benefit is the basis. Recording a low price in the title deed is not a legally valid way to reduce the actual gain; correcting the records may cause additional tax and penalty problems. [K1, K9]
The sale of a single home, living in it, or buying another home with the sale money does not create a general and automatic income tax exemption under this provision. The previous five years, the cost and the exemption review are still carried out.
Frequent property trading, a purpose of making a gain, continuity of activity and a commercial organization also matter. Drawing the same result for every file merely from the number of title deeds is not correct, and a commercial activity cannot be brought under the five-year gain-from-value-increase exemption by waiting five years. In such a case, besides income tax, other tax and document obligations may also arise depending on the nature of the activity. [K1, Article 37 and Article 80 (repeated)]
Documents to prepare before the sale
Before the sale, the title deed records showing the acquisition type and date, any inheritance or gift documents, and the earlier delivery and use evidence should be gathered together. Payment records for the purchase price, the documents for cost-type expenditure, and the separation of loan principal and interest should be added to the calculation file.
The planned sale date, the real price, the payment schedule, the expenses the seller will bear and the share ratio should be recorded together. Residence and work information, as well as other income in Türkiye, are needed to determine the return type. In this way, the tax calculation and the final filing and payment date can be planned before the sale is completed.
If it is noticed after the sale that the filing period was missed, the matter should not be delayed. The correction or application route to follow may vary depending on the examination and notification status. If a letter or assessment notice has been received, the date of notification should be preserved, and the application period should be calculated separately from that document.
Frequently asked questions
Is tax necessarily due on a sale before five years have passed?
No. A gratuitous acquisition, the absence of a gain, or an annual net gain within scope that does not exceed the exemption may produce a different result. The acquisition, the period and the calculation are examined together first.
Does the five-year rule also remove the title deed fee?
No. The five-year rule relates to income tax on the gain from the value increase. The size of the title deed fee is assessed separately.
Is the 150,000 lira exemption applied separately to each owner?
Each owner is assessed on the gain falling on their own share and on the total in-scope gain of the same year. The exemption is not renewed for each sale; the part already used against other gains cannot be deducted again.
If I live abroad, can I wait until March?
If you are subject to an individual return, you should not wait. For a non-resident who has no obligation to file an annual return, the 15-day individual return and the payment within that period apply to a sale gain within scope.
If the sale money does not come to Türkiye, does the tax disappear?
No. A sale gain on a home in Türkiye does not automatically fall outside tax because the account receiving the money is in a foreign country.
If I incur a loss in euros, can I also deduct it separately?
The euro comparison alone does not change the calculation, which is made in Turkish lira. The amounts on the relevant dates, the statutory indexation and the acceptable expenses are used; a hypothetical exchange-rate loss deduction cannot be created.
Can I prepare the return before the sale?
The documents can be collected and an estimated calculation can be prepared. However, the definitive return should be completed with the transaction that actually took place, the real price, the published index and the correct acquisition date. If the planned sale date changes, the calculation and the period timetable should be checked again.
Sources and legal bases
- K1 — Income Tax Law No. 193 (Gelir Vergisi Kanunu): Articles 3–7 for taxpayer status; Article 37 for commercial income; Articles 80 (repeated) and 81 (repeated) for gains from value increases; Articles 85–86, 88–89, 92, 101, 103, 117 and 120 for filing, deductions and payment.
- K2 — Revenue Administration (GİB) exemption amounts for gains from value increases and Income Tax General Communiqué No. 332 (332 Seri No.lu Gelir Vergisi Genel Tebliği).
- K3 — Revenue Administration Guide to the Taxation of Other Gains and Receipts 2026 (Diğer Kazanç ve İratların Vergilendirilmesi Rehberi 2026): in particular sections 5.2.1 and 7. The guide’s 2025 examples on annual returns have not been used as the tariff for 2026 income.
- K4 — Revenue Administration Rental Income Guide for Persons Not Resident in Türkiye 2026: the non-resident taxation explanation and Communiqué No. 210 (210 Seri No.lu Tebliğ). Rental tax rules have not been transferred to sales.
- K5 — Revenue Administration Income Tax Circular No. 76 (Gelir Vergisi Sirküleri 76): acquisition date, actual use and special acquisition situations.
- K6 — Revenue Administration explanations on other gains and receipts: the months for indexation and the 10 percent condition.
- K7 — Revenue Administration 2026 income tax tariff (Gelir Vergisi Tarifesi 2026): non-wage income brackets.
- K8 — Revenue Administration guide on the implementation of the Türkiye–Germany agreement: an example of taxation in the state where the property is located and of the examination of the treaty. The general filing explanations in the earlier guide have not been used in place of the current individual return rule; a separate treaty check is needed for other countries.
- K9 — Revenue Administration ruling (özelge) dated 6 September 2011, B.07.1.GİB.4.34.16.01-GVK mük.80-1482: the distinction between the real sale price and the property tax value. The ruling is neither a general regulation nor a court decision binding on everyone.
- K10 — Revenue Administration: Income Tax Return on Disposal of Real Estate Within 5 Years, February 2026, Publication No. 583: in particular the sections on cost, indexation, acquisition and returns. Page 13 of the brochure explains the 15-day individual return for non-residents; the tariff and examples for 2025 income do not apply unchanged to 2026 sales.
Evaluating a property sale file
When you get in touch with Gunes & Gunes Law Firm, you can briefly state the country where you live, the form of acquisition of the home, the acquisition and sale dates, and any approaching filing deadline. In the first message, instead of sharing an identification number or detailed personal documents, it is appropriate to ask about the secure document transmission method. For a transaction from abroad, a power of attorney can be arranged separately if needed (preparing a power of attorney).
This article is for general information. The tax treatment of a specific sale is determined by evaluating the taxpayer status, acquisition, gain and filing documents together. The first contact alone does not create a lawyer–client relationship or a legal opinion on a specific file.