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Communication and Transfer of Information:
This area aims to send information to foreign companies about progress in the market, consumer patterns, the sales progress of the competitors and distributors, performance of the distributor firm, and other similar matters. Thus, foreign companies would be able to gather information about the Turkish market from a distance. A certificate of incorporation can be issued for five years for this purpose.
Regional Management Centre:
This activity permits can be issued for ten years. Liaison offices of foreign companies can provide coordination and management services regarding producing investment and management strategies for the foreign companies’ entities located in other countries, planning, introduction, sales, after-sale services, brand management, financial management, technical support, research and development, international procurement, testing recently developed products, laboratory services, research and analysis, training of employees and similar services.
Incorporation and extension applications must be concluded within 15 days of the application date. In the incorporation application, it must be assured that the liaison office of the foreign company will conduct services for at least 3 years in Turkey.
If foreign companies want to establish liaison offices in financial fields that are regulated by specific financial laws, these applications must be assessed by institutions and organizations which are authorized by those laws. Furthermore, the Ministry of Trade can give a decision about these applications after it receives the opinions of these institutions and organizations.
What are the Required Documents for the Incorporation of a Liaison Office?
Article 7 of the Regulation for Implementation of Foreign Direct Investment Law lists the required documents for incorporation applications. The list includes an application form, a letter of commitment indicating the scope of activity of the liaison office and including a statement that the office will not carry out commercial activities, the authorization document of a foreign company official who signed the letter, the ‘Certificate of Activity’ of the parent company approved by the relevant Turkish Consulate or approved in accordance with apostille procedures and a power of attorney in a case that another person will carry out the establishment transactions of the liaison office.
These documents must be sent to the Ministry of Trade after the required documents have been officially translated into Turkish. If the application will be made by an authorized lawyer, a power of attorney must be issued to the lawyer via an official authority (such as notary public) in the country where the parent company is located. Then, the power of attorney must be internationally validated (such as apostille), and finally, it must be translated into Turkish.
What are The Taxation Advantages of Establishing a Liaison Office in Turkey?
Liaison offices are exempt from income tax, corporation tax, and stamp duty tax as they cannot conduct commercial activities in Turkey. As it can be seen from the interpretation of article 23 (s14) of the Income Tax Law numbered 193, the employer must pay employees’ salaries from its income from abroad over currency other than the Turkish Lira in order to be exempt from these taxes.
Conclusion:
The liaison office model in Turkish law provides feasible grounds for foreign companies to do preliminary research about their future investments. The establishment and management of a liaison office require technical and comprehensive work. To illustrate, a work permit visa application must be made for each employee if these foreign employees will work at the liaison office in Turkey. Therefore, it is recommended to seek legal advice from a lawyer who is specialized in the establishment, management, and extension of liaison offices to receive fruitful results.
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