Assessment and analysis of taxation of liquidation period gains of corporations in Turkey

The commencement of the activities of corporations is carried out within the framework of the principles set out in the Turkish Commercial Code and Tax Laws, and the termination of the activities of these corporations must be carried out within the framework of certain rules and within a certain process, this process is called the liquidation process. If the legislation is not fully complied with in the liquidation process, the personal interests of shareholders, creditors and the interests of the state may be damaged. In practice, it is known that the liquidation process does not function fully and properly for various reasons, and many negative consequences are experienced after the process in terms of corporate shareholders, third parties and especially tax liabilities. In this study, the legal and tax aspects of the liquidation process are explained, the liquidation process is evaluated in terms of tax laws, the problems existing in the legal regulations are revealed, the problems known to be experienced during the implementation of the process are determined by the qualitative analysis method and suggestions for solution are made. In order to provide deeper and holistic information about the liquidation process, qualitative research method was preferred and holistic multiple case design was used. The study group of the research consisted of the liquidator, CPA, Chamber of Commerce and tax office, which are the parties of the liquidation process. Participants were determined by the criterion sampling method, which is one of the purposeful sampling methods that enables the selection and in-depth investigation of situations that are considered to be rich in information depending on the purpose of the subject. The views of the participants on the liquidation process were obtained through in-depth interviews using in-depth interview forms consisting of semi-structured questions formed according to the type of participants; voice recording and note-taking tools were used. The data obtained were analyzed using content and descriptive analysis methods. The fact that it is regulated by public and private laws and has a wide range of legislation makes the liquidation process complex. As a result of the analysis, it has been determined that the liquidation process is generally not carried out by the practitioners in accordance with the legal legislation, and because of these practices, it causes serious tax losses and evasions and many negative consequences for third parties. KEY WORDS: Liquidation, Liquidator, Turkish Tax System, Corporate Tax