Turkey: Turkish stance on FATCA and Common Reporting Standard

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Turkey: Turkish stance on FATCA and Common Reporting Standard

gago.jpg

akarkarasu.jpg

Umurcan Gago


Emre Akarkarasu

Turkey is suffering from not having reacted to the FATCA regulations quickly. Where several European countries already took the required actions before 2014 and signed the model intergovernmental agreements (IGAs) before the beginning date of FATCA requirements (June 1 2014), Turkey as a Model 1 IGA country has just been included on the IRS list of jurisdictions that have reached agreements in substance, as of June 3 2014.

US and Turkey infrastructure tests

By the beginning of September 2014, the US and Turkey had started the infrastructure tests but they are still negotiating on the terms of appropriate safeguards and infrastructure to be established and the adequacy tests. There are a couple of points that require further negotiations on certain articles of the IGA. Such negotiations are expected to be finalised soon. Afterwards, the Model 1 IGA will be signed and presented to the Turkish Parliament for approval. Upon approval and finalisation of other Turkish and local legal procedures (for example, publication in the Turkish Official Gazette), the IGA will come into force.

Upcoming election

Turkey has an upcoming election on June 7 2015. With parliament closing in early April, the IGA's entry into force will be delayed at least three months until parliament reopens, unless any extraordinary cases arise in the interim. It seems that due to the busy agenda of the Turkish Parliament and the number of outstanding IGAs to be signed by the US, most probably the signing will not be accomplished before September 2015. If the IGA is not signed before the end of September 2015, this may create problems for 2014 reporting.

In the meantime, Turkish tax authorities are working on the preparation of local legislation which will provide detailed information on FATCA implementation of Turkish financial institutions and abolish the legal barriers of data protection rules which prevent Turkish financial institutions from reporting their customers' information to third parties.

What about Common Reporting Standard (CRS)?

Turkey's 2015 G20 term presidency has helped the country to quickly adapt itself to CRS. This is on the grounds that automatic exchange of information (AEoI) is one of the most important G20 agenda topics in the context of a focus on base erosion and profit shifting (BEPS) and Turkey aims to have made further progress on these issues before its term presidency ends.

The Turkish tax authorities are now translating the text of the CRS to Turkish and are expected to share a draft version soon. They are also working on introducing new articles to the Tax Procedural Law allowing Turkish financial institutions to automatically exchange the required information directly or indirectly (via Turkish tax authorities) with other jurisdiction's authorities. Turkey already committed to be part of the OECD's Standard for Automatic Exchange of Information in tax manners and it is expected to become eligible for automatic exchange of information as of 2017.

Umurcan Gago (umurcan.gago@tr.pwc.com) and Emre Akarkarasu (emre.akarkarasu@tr.pwc.com)

PricewaterhouseCoopers Turkey

Website: www.pwc.com.tr

more across site & shared bottom lb ros

More from across our site

Wopke Hoekstra implored US officials to ‘truly look into the facts’; in other news, the EU Council has reached a political agreement on DAC9
The US president’s flippant approach to international trade will cause chaos for corporations, but there are opportunities for intrepid tax advisers
The ruling underscores that tax authorities must provide ‘detailed, well-supported, and logically sound justifications’ when determining reference prices in tax assessments, one expert told ITR
Tax teams and the IT experts they rely on should be wary of increased compliance, says Richard Sampson, chief revenue officer at Tax Systems
The law firm was representing a businessman in the commodities sector who had previously been convicted of tax fraud
One expert last month predicted the short-term impact of tariffs would be “devastating” for both Canada and the US, particularly if the former instituted retaliatory measures
Ahead of another busy year for the World Tax rankings and ITR Awards, we profile some of the UK’s major firms and explore key market trends
The Labor government has done more than any previous administration to crack down on multinational tax avoidance, Andrew Leigh also tells ITR
Companies that come to terms with digitised tax processes now will stand to gain from FASTER’s disruption, argues Carlos Silva of Xceptor
Audit specialist Walsh, a 33-year veteran of KPMG, will assume the leadership role in July; in other news, a think tank has claimed that the UK tax advisory market requires ‘urgent reform’
Gift this article