Duyurular
Taxation of Foreign Currency Salary from US-Based Companies: Is it Tax-Exempt in Türkiye?
With the rise of remote work, Turkish residents working for employers abroad and receiving salaries in foreign currency has become a major tax topic. The most frequent question is whether these earnings are exempt from Turkish Income Tax.
This analysis is based on the advance tax ruling dated December 15, 2022, issued by the Istanbul Tax Administration. It clarifies the conditions under which foreign currency wages paid by a non-resident employer are exempt from tax in Türkiye.
Case Summary: Remote Support for a US Education Platform
In the subject case, a taxpayer residing in Türkiye provides technical and operational support for a web-based educational system established by a company headquartered in the USA.
The employer has no legal or business center in Türkiye.
The salary is paid in foreign currency into a bank account abroad.
The taxpayer sought to confirm if this income is exempt under Article 23/14-a of the Income Tax Law (GVK).
Residency and Global Income Principle
Under Turkish Tax Law (GVK Articles 3 and 4), individuals residing in Türkiye are considered full taxpayers. This means they are generally taxed on their worldwide income. An individual is a resident if:
They have a permanent domicile in Türkiye.
They stay in Türkiye for more than six months in a calendar year.
Therefore, while the global income rule applies, specific exemptions like GVK 23/14-a can provide relief if certain strict criteria are met.
Defining “Wages” in a Remote Work Context
The ruling first classifies the nature of the income based on GVK Article 61. For a payment to be considered a “wage”:
There must be a service relationship (subordination to the employer).
The payment must be linked to a specific workplace or business activity.
In this case, the support services provided for the US-based platform were officially classified as wages, which allows the application of wage-specific exemptions.
The GVK 23/14-a Exemption: Mandatory Conditions
The ruling emphasizes that the exemption for foreign currency wages is not automatic. According to the law and General Communiqué No. 147, the following conditions must be met simultaneously:
Non-Resident Employer: The employer must be a limited taxpayer with no legal or business headquarters in Türkiye.
No Local Earnings: The non-resident employer must not generate any income through activities within Türkiye.
Foreign-Sourced Funds: The salary must be paid from the employer’s earnings generated entirely outside of Türkiye.
Currency Requirement: The payment must be made in foreign currency.
No Local Expense Claim: The wage must not be recorded as an expense in any books or accounts in Türkiye.
When is the Exemption Denied?
The most critical hurdle is the employer’s activity in Türkiye. If the US-based company has any income-generating operations in Türkiye, or if the salary is funded by Turkish-sourced revenue, the exemption is voided.
In such cases, the employee must declare the income via an annual tax return in Türkiye and pay income tax according to the progressive tax brackets.
Practical Takeaway
Receiving a salary in USD or EUR from abroad is not enough for tax exemption. You must verify the employer’s corporate status in Türkiye and ensure the payment originates from foreign profits.
Q&A Table: Foreign Currency Wage Exemption in Türkiye
Question
Answer
Is foreign currency salary from abroad taxable in Türkiye?
Generally yes, but it is exempt if all conditions of GVK 23/14-a are met.
Does a US-based salary qualify for exemption?
Yes, if the employer is a non-resident and has no business activities in Türkiye.
Is remote work income a “wage” or “self-employment”?
Per the ruling, if there is a service relationship, it is classified as a “wage.”
What is GVK 23/14-a?
An exemption for wages paid in foreign currency by non-resident employers from foreign earnings.
Is the currency type (USD/EUR) enough for exemption?
No. The employer’s status and the source of the funds are equally important.
What defines a “Non-Resident Employer”?
A company with no legal or business headquarters in Türkiye.
What if the US employer has a branch in Türkiye?
The exemption is usually lost if the employer generates income within Türkiye.
Can I receive the money in a Turkish bank?
Yes, as long as the payment is made in foreign currency and originates from foreign profits.
Does the employer’s accounting matter?
Yes; the wage must not be recorded as an expense in Türkiye.
What is the biggest risk for remote workers?
Misidentifying the employer’s status or failing to prove the source of funds.
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.
