IN WHICH CONTRACTS PAYMENT OBLIGATIONS CAN BE FULFILLED IN FOREIGN CURRENCY?

Recently, an amendment has been made in the Communique No. 2008-32/34 Regarding Decision No. 32 On The Protection Of The Value Of Turkish Currency.

In the light of the last amendments have made on 19.04.2022, the table regarding the contract price and other payment obligations that can be agreed in foreign currency or indexed to foreign currency and how their payment obligations will be fulfilled as presented below for your information.

TYPE OF CONTRACT	TO BE ABLE TO AGREED IN OR INDEXED TO FOREIGN CURRENCY	TO BE ABLE TO PAID IN OR INDEXED TO FOREIGN CURRENCY
Real estate sale contracts (excluding exceptions listed below)	X	X
Real estate sale contracts to which a non-Turkish citizen is a party as the buyer	√	√
Real estate sale contracts to which branches, agencies, offices, liaison offices in Turkey of persons residing abroad, companies in which they have shares in the rate of fifty percent or more directly or indirectly and companies in free zones within the scope of their activities in free zones are parties as the employer are parties as the buyer	√	√
Real estate rental contracts (excluding exceptions listed below)	X	X
Real estate rental contracts to which a non-Turkish citizen is a party as the lessee	√	√
Real estate rental contracts to which branches, agencies, offices, liaison offices in Turkey of persons residing abroad, companies in which they have shares in the rate of fifty percent or more directly or indirectly and companies in free zones within the scope of their activities in free zones are parties as the employer are parties as the lessee	√	√
Real estate rental contracts that are executed in order to operate an accommodation establishment which is certificated by Ministry of Culture and Tourism	√	√
Real estate rental contracts regarding duty-free shops	√	√
Labor contracts (excluding exceptions listed below)	X	X
Labor contracts to be perfomed abroad	√	√
Labor contracts to which ship’s crew is a party	√	√
Labor contracts to be executed with non- Turkish citizens	√	√
Labor contracts to which branches, agencies, offices, liaison offices in Turkey of persons residing abroad, companies in which they have shares in the rate of fifty percent or more directly or indirectly and companies in free zones within the scope of their activities in free zones are parties as the employer	√	√
Service contracts to which  enacted between persons residing in Turkey (including consultancy, brokerage, transportation; excluding exceptions listed below)	X	X
Service contracts to which non-Turkish citizens are parties	√	√
Service contracts within the scope of export, transit trade, sales and deliveries deemed as export, foreign currency earning services and activities	√	√
Service contracts within the scope of activities to be carried abroad	√	√
Service contracts that starts in Turkey and ends abroad or starts abroad and end in Turkey	√	√
Service contracts to which branches, agencies, offices, liaison offices in Turkey of persons residing abroad, companies in which they have shares in the rate of fifty percent or more directly or indirectly and companies in free zones within the scope of their activities in free zones are parties as the service receiver	√	√
Accommodation service contracts to which  enacted between persons residing in Turkey in accommodation facilities certified by the Ministry of Culture and Tourism.	√	√
Contracts of work to which  enacted between persons residing in Turkey (excluding exception listed below)	X	X
Contracts of work which include expenditure in foreign currency	√	√
Vehicle sale contracts to which  enacted between persons residing in Turkey	X	X
Movables sale contracts to which  enacted between persons residing in Turkey	√	X (excluding contracts signed and invoices issued before 19.04.2022)
Vehicle rental contracts to which  enacted between persons residing in Turkey (excluding those signed before 13.09.2018)	X	X
Movables rental contracts	√	√
Sale contracts regarding software and license and service contracts regarding hardware and software produced abroad within the scope of information technologies	√	√
Leasing contracts regarding vessels	√	√
Leasing contracts within the scope of articles 17 and 17/A of the Decree no. 32 on the Protection of the Value of Turkish Currency	√	√
Contracts to which state institutions and organizations and Turkish Armed Force Support Foundation are parties (excluding real estate sale and rental)	√	√
Contracts to be executed with third parties by the contractors provided that they are within the scope of execution of tenders, contracts and international agreements in or indexed to foreign currency to which state institutions and organizations are parties (excluding real estate sale and rental and labor)	√	√
Contracts related to transactions of the Ministry within the scope of the law no. 4749 to which Banks are parties	√	√
Contracts on obligations regarding formation of capital market instruments in foreign currency,  their purchase, sale, export of and transactions made about them within the scope of the Capital Market Law and the related regulations	√	√
Contracts to which airway enterprises and some companies related to aviation are parties (excluding real estate sale and rental and work)	√	√

ATT. Sinem İLİKLİ

TARLAN- BAKSI LAW FIRM

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ATT. AYLİN TARLAN- ATT. DERYA BAKSI