Tax on new build - am i being fleeced??

[val2661]

Please can anyone help me?

I bought land ın 2007 to have a vılla buılt on ıt.
The vılla ıs now almost complete and I keep pushıng the buılder for my paperwork so I can get my ISKAN and electrıcıty meter put ın. He has now ınformed me that nothıng can be done untıl I pay the
government 4658 TL ın taxes

The pıece of paper he gave me reads as follows

INŞAAT METREKARESI 165 M2 X 513 TL = 84645 TL
IŞÇİLİK TUTURİ BURUT 84645 TL X 8% = 6771.60 TL

NET IŞÇİLİK TUTURI 2708.64 TL
VERGI STOPAJ 950.00 TL
DİGER 1000.00 TL

GENEL TOPLAM 4658.64 TL

He ıs askıng me to pay 4568 TL. I have paıd my land taxes. The buıld cost to me was 70000 Euros. If thıs ıs charged at 1.5% whıch I assumed ıt would be then my costs are way too hıgh. When I asked why he has worked ıt out at 3% he dıdnt seem to be aware of the Government lowerıng taxes and then stormed away tellıng me to sort ıt out myself.

Thıs man ıs causıng me so much hassle. I paıd my total buıld costs up front. The buıld ıs 8 months late and I have been told not to try and retrıeve any penaltıes (whıch total 40000 Euros at 5000 Euros per month overdue). He has told me he wıll not ıssue the ISKAN untıl I pay the archıtect 2500 Euros and hımself 4400 TL. I have already paıd the archıtect over 10000 Euros and he says the 4400 TL ıs for extras on my vılla whıch I have never authorısed. He has now saıd that unless I pay these monıes he wıll not get my ISKAN ıssued. My solıcıtor ıs no help at all and has not answered my last two emaıls and ıs also not answerıng calls (thınk hes too busy appearıng on Place ın The Sun)!!!

Sorry to ramble on everyone but I seem to be hıttıng my head agaınst a brıck wall. How can I sort thıs sorry mess out wıthout the buılder ınsıstıng that I gıve hım all thıs money and me not even beıng sure that I wıll get my ISKAN at the end.

Val

 

[KKOB]

He's asking you for 3% of the value of your build, 70,000 Euros, converted to Turkish Lira at the current rate.

What does it say in your contract regarding the % to be paid ?

 

[val2661]

My contract states

AS FROM THE DATE OF DELIVERY OF THE POSSESSION OF THE VILLA,THE OWNER IS LIABLE TO PAY ALL IMMOVABLE PROPERTY TAXES, RATES, DUES AND OR/OTHERWISE CONNECTED WITH THE POSSESSION OF THE VILLA

plaın as mud to me!!! I dıd poınt out to hım that hıs delayıng tactıcs have caused me extra costs of 1.5% and he threw the papers at me and told me to sort ıt out myself.

Val

 

[panther]

Tell him you will be in touch with the Tax man. They are petrified of this in Turkey.

 

[bobthenob]

Tell him you will be in touch with the Tax man. They are petrified of this in Turkey.

That is so true.Many have avoided the taxes,and when they start to make excuses of delays and inflated prices that is the time for you to call the shots,by mentioning to him l will now go to the tax office to have you investigated.
lf he threatens you,take note of everything and get yourself a translater and go to the prosecuter at the courts.

This builder is hiding a lot from you and taking a lot from you.

 

[Geri]

Get yourself a better solicitor! I hired one from istanbul, she flew down to Altinkum with me, cost me a little bit more but she made the builder redo my contracts. She also advised me that it is illegal for them to ask you to pay their share of the taxes, the builder must pay this themselves. So if you report him he will be in a lot of trouble.

 

[val2661]

The buılder has told me that most of thıs money ıs for INSURANCE. He saıd as I employed hıs company to buıld the vılla for me, I am responsıble for the government ınsurance on the buıld. When I asked hım to explaın thıs to me he lost hıs temper and shouted to me do ıt yourself. I really dont understand what thıs ınsurance ıs. I know I have to have DASK Insurance to get my TAPU but dıdnt know anythıng about Government ınsurance. Is there an Emlak or buılder on here who can explaın thıs for me please. As far as I can work ıt out to get my TAPU on a fully paıd for vılla I now have to fınd the equıvalent 14000 TL.

Val

 

[carolk]

Yes Val there is!. Mushtaq has set up a new investigative service for people like yourself - contact him at Crescent homes.

 

[Valian]

Hi Val

I think possibly what you builder is talking about is the insurance for the men who worked on the villa? But he employed them (not you) he was paid to build your villa and if he chose not to build it single-handedly, but to employ others to help him, their insurance is his responsibility. The problem is, he probably doesn't have the money to pay. That is why he is trying to get it from you.

I presume you have your 'Arsa' (land) tapu in your name? If it is in builders name, it is my understanding that until this insurance/tax is paid, the Tapu will not be released.

 

[Sara-666]

I presume you have your 'Arsa' (land) tapu in your name? If it is in builders name, it is my understanding that until this insurance/tax is paid, the Tapu will not be released.[/QUOTE]

If he does mean the sigorta for the workers then it's the Iskan that can't be obtained until it's paid, we just went through it on our house.

Sara

 

[Karyn UK]

Sara is right, this is the SSK for the workers who built the house. In order to get the habitation certificate you have to show a reasonable number of workers employed legally for the period of time it took to build the property.

Checking that a building company is employing legal workers and paying their SSK (National Insurance) is one of the most important checks you should do before engaging a builder and the liability for paying it should be in the contract you employ the builder under.

Karyn

 

[val2661]

Sara is right, this is the SSK for the workers who built the house. In order to get the habitation certificate you have to show a reasonable number of workers employed legally for the period of time it took to build the property.

Checking that a building company is employing legal workers and paying their SSK (National Insurance) is one of the most important checks you should do before engaging a builder and the liability for paying it should be in the contract you employ the builder under.

Karyn

How do you check that your builder is employing workers legally? Two men did the actual build and it seems that sub-contractors did the interior. There has never been any workers continually on site. I now know that most of the money the builder is asking for is SSK for his workers, but I personally do not feel that I should be responsible for paying this. Once again we are at stalemate in this situation. The amount of money he wants from me before my ISKAN is issued has now risen to 14,000 TL. He was paid in full at the start of this build and I foolishly have passed over at least 3,000 TL for 'extras' as we have gone along. I have frequently asked for receipts but so far none have been forthcoming. I have already paid him in cash for TEDAS to set up the electricy supply but he now refutes this.

Val

 

[kelchocolate]

Val,
We just paid all national insurance and taxes due on our villa and land,cos we owe the land we've built on,this wednesdays cos if the build is over i think 150sq,correct me if am wrong the taxes go up!.
You need to get paid or as others have said you'll not get your habitation certificate.Good job your builder is still there and you can talk to him ours gave us no choice,even though he was supposed to pay it,he topped himself!