Effect of book keeping in foreign currency on tax calcaulation and financi̇al statements

The general framework of commercial books regulations is defined in Turkish Commercial Code No. 6102 and the nature of commercial books and the recording method of registries are described by referring to Tax Procedure Law. Although both of laws have similarities in recording method of the commercial books, the various differences between these laws draw attention. It is stated that books and records which are compulsory to be kept by taxpayers shall be kept in no other language but Turkish and should be kept in Turkish currency as well. However, as a result of regulations made in tax laws through Law No. 5228 and by approval of the council of ministers, foreign capital enterprises which met certain conditions have been granted a right to keep the books in foreign currency. With these regulations it is aimed that one of the encumbrances before foreign capital enterprises operating and planning to invest in our country is removed. Furthermore, apart from this practice through article 4 of Communique No. 348 of Tax Practice Law, enterprises operating in free trade zones also are granted to keep the books in foreign currency. In this study, which conditions should be met by foreign capital enterprises to keep the books in foreign currency and the effects of foreign exchange gain and loss on basis of tax, financial statements and declaration resulting from keeping accounting records in foreign currency have been examined. The concession given to companies with the aim of incentivizing foreign capital enterprises investing and operating in our country in relation to exclusion of foreign exchange gains due to increase in exchange from tax basis is a positive development for foreign investors, however, this situation creates inequity and tax injustice for enterprises not benefiting from it and competing with foreign investors.