Subject: Bilateral Competent Authority Agreement Between the Turkey and the USA on the Exchange of Country-by-Country Reports entered into force
La The Bilateral Competent Authority Agreement (CAA) Between Turkey and the U.S.A. on the Exchange of Country-by-Country Reports, which was signed in Ankara on 17 November 2021, was approved and entered into force through the Presidential Decree No. 5191 announced in the Official Gazette No. 31750 on 14 February 2022.
The Bilateral CAA approved allows the exchange of Country-by-Country Reports (CbCR) directly between the Competent Authorities of Turkey and the U.S.A. related to the fiscal periods that begin on or after 1 January 2019 and the following fiscal periods, as applicable.
Based on Article 3/3. of the Bilateral CAA, the Competent Authorities of Turkey and the U.S.A. intend to exchange the CbCRs automatically through a common schema in Extensible Markup Language (XML).
As a result of the approval and entry into force of the U.S.A.-Turkey Bilateral CAA on the Exchange of CbCRs;
a) If you are a Turkish company or a Turkish branch that is a member of a Multinational Enterprise (MNE) Group whose Ultimate Parent or Surrogate Parent Entity is resident in the U.S.A., the Constituent entity (or branch) in Turkey will no longer be required to submit CbCR locally in Turkey to the Turkish Revenue Authority,
b) In case you are a Turkish MNE Group with ultimate parent entity resident in Turkey and have a subsidiary company or a branch in the U.S.A., that subsidiary company or branch in the U.S.A. will no longer be obliged to separately submit CbCR to the Competent Authority in the U.S.A.
Reminder About Submission Obligation of CbCR Notification Form
We would like to remind that those constituent entities and Turkish branches that are a member of a MNE Group whose Ultimate Parent or Surrogate Parent Entity is resident in the U.S.A. (that are within the preparation/submission scope of CbCR) shall continue to submit the CbCR Notification Form electronically to the Turkish Revenue Authority through the Internet Tax Office for every fiscal year, until the end of June of the year following the reporting period. To give an example; CbCR Notification Form for 2021 shall be submitted until 30 June 2022.
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