Numara : 14
Tarih : 5.12.2018

TAX NEWS NO: 2018/14

December 3, 2018

Subject: The communique No. 2018-32/52 (New Communique) has provided more flexibility with regard to the restrictions imposed on foreign currency contracts

The Amendment Communique (Numbered: 2018-32/52) on the Amendment of the Communique (Numbered: 2008-32/34) on the Decision Numbered 32 on the Protection of the Value of Turkish Currency” has been published in the Official Gazette on 16 November 2018 and entered into force on the same date.

As you may recall, with the Presidential Decree no.85 dated 13 September 2018, determination of foreign currency or foreign currency indexed values in both new and existing contracts among Turkish residents had been restricted and the values in the existing contracts had been obliged to be converted in Turkish Lira within 30 days from the date of 13.09.2018. Afterward, with the Communiqué (No. 2018-32/51) dated 6 October 2018, exceptions to this restriction had been announced by the Ministry of Treasury and Finance.

The communique No. 2018-32/52 (New Communique) has provided more flexibility with regard to the restrictions imposed on foreign currency contracts.

The following table has been prepared based on provisions of the Communique No. 2018-32/52.

Contracts type

Restriction

Exemption

 

Real Estate Sales and Lease Contracts

 The value and any other payment liabilities arising from the real estate sales and lease contracts, executed among Turkish residents, and related with residence and roofed workplaces located in Turkey are not allowed to be denominated in a foreign currency or foreign currency indexed value.

Real estate sale and real estate lease contracts of which; (a) the persons who have no bonds of citizenship with the Republic of Turkey (b) the non-Turkish residents’ branches, representatives, offices, liaison offices located in Turkey, (c) companies in which non-residents directly or indirectly hold fifty percent or more of the shares or which are under the control or joint control of non-residents, (d) free zone companies, only for their activities in the free zone, are party as a purchaser or a tenant;

 

Real estate lease contracts which are executed with the aim of operating accommodation facilities certified by the Ministry of Culture and Tourism

 

Real estate lease contracts relating to lease of duty-free stores

 

Financial leasing contracts for movable and immovable properties executed before 13/9/2018,

 

Real estate lease contracts which are executed by; contractors or the appointed companies and their counterparties with the third parties that they will transact within the scope of projects to be realised as part of public tenders, agreements and international agreements, which are in or indexed to foreign currency and to which public institutions and organisations are party

 

 

 

 

 

 Employment Contracts

The value and any other payment liabilities arising from the employment contracts among the Turkish residents are not allowed to be denominated in a foreign currency or foreign currency indexed value.

Employment contracts which are executed by;  (a) The non-Turkish residents’ branches, representatives, offices, liaison offices located in Turkey, (b)  companies in which non-residents directly or indirectly hold fifty percent or more of the shares or which are under the control or joint control of non-residents, (c) Free zone companies, only for their activities in the free zone, where such entities are party to the employment contracts as employer

 

Employment contracts executed with persons who have no bonds of citizenship with the Republic of Turkey, although residing in Turkey,

 

Employment contracts with respect to the employment activities to be performed abroad,

 

Employment contracts to which seamen are party

 

Employment contracts to which public institutions and organizations or Turkish Armed Forces Foundation are party

 

 

 

 

 

 Service Contracts

The value and any other payment liabilities arising from the service contracts (including consultancy, intermediation and transportation contracts) which are executed among Turkish residents are not allowed to be denominated in a foreign currency or foreign currency indexed value

Service contracts which are executed by; (a) The non-Turkish residents’ branches, representatives, offices, liaison offices located in Turkey, (b)  companies in which non-residents directly or indirectly hold fifty percent or more of the shares or which are under the control or joint control of non-residents, (c) Free zone companies, only for their activities in the free zone, where such entities are party as service recipient

 

In circumstances where a person who has no bonds of citizenship with the Republic of Turkey is a party to these service contracts,

 

The service contracts with respect to export, transit trade, export sales and deliveries and foreign exchange earning services and activities,

 

The service contracts regarding the activities to be performed abroad by the residents in Turkey,

 

The services contracts, which are executed among Turkish residents, starting in Turkey and ending abroad, starting abroad and ending in Turkey, starting abroad and ending abroad.

 

Service contracts to which public institutions and organizations or Turkish Armed Forces Foundation are party

 

Service contracts which are executed by; contractors or the appointed companies and their counterparties with the third parties that they will transact within the scope of projects to be realised as part of public tenders, agreements and international agreements, which are in or indexed to foreign currency and to which public institutions and organisations are party

 

 

 

 

 

Work Contracts

The value and any other payment liabilities arising from the work contracts to be executed among Turkish residents are not allowed to be denominated in a foreign currency or foreign currency indexed value.

Work contracts that contain cost in foreign currency may be denominated in a foreign currency or foreign currency indexed value.

 

Work contracts which are executed by; (a) the commercial airline businesses conducting passenger, cargo and mail transport activities, (b) the companies providing technical care services for the airline transport vehicles and their motors, parts and components; (c) public or private entities who are authorized or licensed to perform ground handling services at the airports within the scope of the civil aviation legislation and the enterprises and (d) companies established by the mentioned institutions and the partnerships which they directly or indirectly hold with a minimum shareholding of fifty percent shares.

 

Work contracts to which public institutions and organizations or Turkish Armed Forces Foundation are party

 

Work contracts which are executed by; contractors or the appointed companies and their counterparties with the third parties that they will transact within the scope of projects to be realised as part of public tenders, agreements and international agreements, which are in or indexed to foreign currency and to which public institutions and organisations are party;

 

 

 

 

 

Sales of Movable Properties or Lease Contracts

The value and any other payment liabilities arising from the movable properties’ sales or lease contracts (except for vehicle sales or lease contracts) which are executed among Turkish residents may be denominated in a foreign currency or foreign currency indexed value.

Vehicles lease and sale contracts for passenger-carrying commercial vehicles executed before 13/9/2018,

 
 

Vehicles sales or lease contracts which are executed by; (a) the commercial airline businesses conducting passenger, cargo and mail transport activities,
(b) the companies providing technical care services for the airline transport vehicles and their motors, parts and components;
(c) public or private entities who are authorized or licensed to perform ground handling services at the airports within the scope of the civil aviation legislation and
(d) the enterprises and companies established by the mentioned institutions and the partnerships which they directly or indirectly hold with a minimum shareholding of fifty percent shares.

 

Vehicles sales or lease contracts to which public institutions and organizations or Turkish Armed Forces Foundation are party

 

Vehicles sales or lease contracts which are executed by; contractors or the appointed companies and their counterparties with the third parties that they will transact within the scope of projects to be realised as part of public tenders, agreements and international agreements, which are in or indexed to foreign currency and to which public institutions and organisations are party;

 

 

 

 

 

Financial Leasing Contracts

The value and any other payment liabilities arising from the financial leasing contracts for vehicles and immovable properties are not allowed to be denominated in a foreign currency or foreign currency indexed value.

Financial leasing contracts for movable and immovable properties executed before 13/9/2018,

 
 

In financial leasing contracts to be executed within the scope of Articles 17 and 17/A of the Decree No.32.

 
 

In financial leasing contracts for vessels.

 

Financial leasing contracts to which public institutions and organizations or Turkish Armed Forces Foundation are party

 

Financial leasing contracts which are executed by; contractors or the appointed companies and their counterparties with the third parties that they will transact within the scope of projects to be realised as part of public tenders, agreements and international agreements, which are in or indexed to foreign currency and to which public institutions and organisations are party;

 
 
 
 
 
 
 

 

 

 

 

Software License and Service Contracts

The value and any other payment liabilities arising from the sale contracts regarding the domestically produced software and license and service contracts regarding respectively domestically produced software and hardware among Turkish residents are not allowed to be denominated in a foreign currency or foreign currency indexed value.

Within the scope of information technologies, sale contracts regarding the software produced abroad and the license and service contracts regarding the hardware and software, produced abroad

 

 

Yours sincerely,

Deloitte Turkey

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