The Ministry of Industry and Technology made amendments to the Communiqué regarding the implementation of the Decision on State Aid for Investments through Communiqué No. 2024/1, published in the Official Gazette dated 24.08.2024. Shortly after, a further amendment was introduced through Communiqué No. 2024/2, which revised a provision in paragraph 8(e) within the scope of Communiqué No. 2024/1.
Subsequently, with Presidential Decree No. 8860, published in the Official Gazette on 29.08.2024, changes were made to Decision No. 2012/3305 on State Aid for Investments.
A. Amendments introduced by Communiqué No. 2024/1, which amends Communiqué No. 2012/1 on the implementation of the Decision on State Aid for Investments:
Article 2 of the aforementioned Communiqué amended paragraph (e) of the second clause of Article 8 in the Communiqué on the Implementation of the Decision on State Aid for Investments as follows: “Solar panels and solar panel supporting construction systems to be sourced from abroad within the scope of solar energy-based electricity generation investments, and solar panels produced using solar cells produced domestically without starting from the ingot slicing phase or earlier in the production process.”
Similarly, in paragraph (f) of the same clause, the phrase “blades, generators, and turbines sourced from abroad” was amended to “blades and towers produced abroad.” Additionally, a new paragraph (g) was introduced, effective from 01.01.2026, stating: “Wind energy-based electricity generation investments within the scope of unlicensed activities, limited to the contract power in the connection agreement, with generators and nacelles produced abroad and imported.”
Several other regulations were introduced under Article 14 of the same Communiqué. The new clauses added to this article stipulate the following:
- The Additional Employer’s Share of Insurance Premium Support (“AESIPS”) applies only to incentive certificates issued based on applications made on or after 29.06.2021.
- To apply AESIPS investors must apply to the Social Security Institution within three months following the end of the employer’s share of insurance premium support recorded in the investment incentive certificate.
- Without any further changes by the Ministry, the Social Security Institution initiates the support implementation with the notification for the relevant month. If an application is made between the 1st and the 20th of the month, the investor may also benefit from AESIPS based on the notifications for the previous month.
- Investors benefit from the AESIPS for one month corresponding to each year of the employer’s insurance premium support period indicated in the incentive certificates, after which the implementation ends.
- In calculating the number of employees subject to the AESIPS, women and/or young individuals benefiting from the employer’s insurance premium support, excluding partial work periods and periods of unpaid leave, are considered based on 360 days of premium payment. The term “young” refers to individuals aged 18 to 26 years.
- Even though the AESIPS is applied for female and/or young insured employees, the employees benefiting from the support do not have to be the same individuals as the main employees used for the calculation of the number of persons eligible for the AESIP support.
- For young employees benefiting from the AESIPS they must be at least 18 years old and under the age of 26 on the first day of each month of support. The AESIPS is applied for the relevant month, irrespective of the current employment figures recorded in the incentive certificate.
- The total amount of AESIPS utilized, including the employer’s share of insurance premium support, cannot exceed the maximum amount of support recorded in the incentive certificate, and the number of employees benefiting from the support cannot surpass the additional employment number registered in the certificate. If the AESIPS is applied under multiple incentive certificates within the same workplace registration number, the combined maximum premium amounts from these certificates are considered.
- When multiple incentive certificates are combined under the same workplace registration number, and all are eligible for the AESIPS the AESIPS is applied based on the total duration of the employer’s insurance premium support recorded in the certificates and the additional employment resulting from the combination. Furthermore, investors are entitled to apply for the AESIPS following the termination of the employer’s insurance premium support in the combined incentive certificates.
- Information regarding the firm name, certificate number, workplace registration number, employment figure, tax office, tax number, start date of the support, and duration of support for investors benefiting from AESIPS is shared with the Ministry by the Social Security Institution once per month.
- AESIPS does not apply to investments supported under the Project-Based State Aid provided by the Council of Ministers Decree No. 2016/9495, dated 17.10.2016.
The following clause has been added to Article 15 of the same Communiqué:
- In incentive certificates that include insurance premium support, the provisions of Article 14 regarding the AESIPS shall also apply to insurance premium support.
The clauses added to Articles 14 and 15 of the Communiqué on the Implementation of the Decision on State Aid for Investments, as explained above, came into effect on the publication date of this Communiqué, 24.08.2024.
B. Amendment introduced by Communiqué No. 2024/2:
This Communiqué amended the changes made in paragraph (e) of the second clause of Article 8 by Communiqué No. 2024/1. The paragraph was modified as: “Solar panels and solar panel supporting construction systems sourced from abroad within the scope of solar energy-based electricity generation investments, produced without using domestically produced solar cells starting from the ingot slicing phase or earlier in the production process.”
This Communiqué, effective as of 24.08.2024, entered into force on 25.08.2024
C. Amendments introduced by Presidential Decree No. 8860 on Decision No. 2012/3305:
Article 1 of the Decree amended the 13th clause of Article 11 of the Decision on State Aid for Investments as follows:
- “(13) If an incentive certificate is cancelled or partially penalized, the amount of excess interest or profit share support paid to the investor will be recovered, including interest calculated based on the delay surcharge rates specified in Article 51 of Law No. 6183, from the date of each support payment. This provision applies to both current and previous incentive certificates.”
Previously, excess interest or profit share was recovered based on the rate applicable when the credit was extended, but the change now stipulates that the delay surcharge will be used as the rate.
Article 2 of the Decree added the following to section II/B of Annex 4, titled “Investments Not Eligible for Support or Eligible for Conditional Support”:
- “3- Photovoltaic solar panel production investments, supported only if integrated with a solar cell produced from the ingot slicing phase or earlier in the production process, without exceeding the solar cell production capacity.”
Article 3 updated the “List of Machines and Equipment Not Eligible for Customs Duty Exemption” in Annex 8 of the same Decision, published with the Decree.
These amendments entered into force on the publication date, 24.08.2024.
You can access the links related to the aforementioned changes below:
https://www.resmigazete.gov.tr/eskiler/2024/08/20240824.pdf
