Landmark Decision: Historic Reduction of SCT Surcharge

The Turkish legal system has recently made a groundbreaking decision that will set a precedent for disabled individuals seeking Special Consumption Tax (SCT) exemptions. Lawyer İsmail Arslan highlighted the importance of whether a disabled individual can drive, rather than focusing solely on the disability rate. Arslan, who is unable to drive due to his disability, challenged the current regulation stating that if the disability rate is below 90 percent, the individual can benefit from SCT exemption only if they drive the vehicle themselves. However, Arslan argued that personal circumstances should take precedence over legislation.

After the tax office rejected his application for SCT exemption, citing the legal regulation, Arslan took the case to court. The court ruled in his favor, acknowledging that despite his disability rate being below 90 percent, he was 100 percent disabled in driving and therefore should not be required to pay SCT. This decision is expected to benefit tens of thousands of disabled individuals in similar situations.

Arslan emphasized that the key criterion should be the individual’s ability to drive, rather than the disability rate. He expressed hope that other disabled citizens in Turkey would also be able to benefit from this ruling by following a similar legal process. The decision not only challenges the legal sub-regulation but also promotes equal rights for disabled individuals who are unable to drive.

This landmark decision is seen as a significant step towards ensuring that disabled people across Turkey have access to rights and exemptions that cater to their specific needs. It is a welcome development that highlights the importance of considering individual circumstances when implementing laws and regulations.

 

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