139
Table 4.19: Timeline of the Development of Turkey’s Islamic Finance Industry
Year
Timeline description
1983
A Cabinet Decree was passed on ”Special Finance Houses (SFHs)”
1999
SFHs were covered in the scope of the Banking Law
2005
The Banking Law officially replaced ”special finance houses” with ”participation
banks”
2010
Guideline on
Ijarah
sukuk was established through the release of Communiqué
Serial III no: 43 – principles regarding lease certificates and asset-leasing
companies (ALCs). This regulated
ijarah
sukuk and the structures of a financial
institution as well as SPVs and their principles of incorporation and activities.
2011
Kuveyt Turk issued Turkey’s first sukuk
Law no 6111 (known as the Tax Amnesty Law) - The Turkish National Assembly
passed tax and other legislation to facilitate the issuance of
ijarah
sukuk, reducing
the withholding tax on such sukuk
to 10% and exempting sales from value-added,
stamp and corporate taxes. This facilitates the sale and transfer of the tangible real
estate to an onshore SPV combined with asset-based
ijarah
characteristics. Further
legislation includes tax exemption for revenue from sukuk certificates with a
minimum tenor of 5 years. Certificates with shorter tenors would still be subject to
tax ranging from 3% to 10%. However, since most corporate sukuk issues meet the
shorter-tenor profile, further adjustment would be needed to open the market
2012
Law no 4749 The Public Finance and Debt Management Law was amended to
enable the sovereign to access the sukuk markets
Undersecretariat of Treasury issued the first sovereign sukuk
Law no. 6362 (Article 61) – a new Capital Market Law (CML) was introduced,
which included provisions for lease certificates and ALCs
2013
Amendments to the sukuk law via the release of Communiqué III-61.1 no: 28670 –
introducing
istisna’, murabahah, mudarabah, musharakah
and
wakalah
sukuk
2016
Tax neutrality provided for all sukuk structures with a law amendment
Sources:
Thomson Reuters, IRTI & CIBAFI (2014), CMB
Turkey’s Islamic finance landscape progressed in tandem with the growth of the country’s
economy. Chart 4.45 shows that GDP grew to USD857.0 billion end-2016 from USD732.2
billion recorded end-2010. As a percentage to GDP, representation of outstanding
loans/financing increased to 67% in 2016 from 48% in 2010. However, intermediation of
capital markets reduced denoting higher reliance on the banking system to fund the economic
sectors.