Reviewed by Evren Özmen, CPA (SMMM)
Turkish Certified Public Accountant · Licensed by TÜRMOB, Reg. No. 35675 · Last reviewed October 2026
Permanent establishment · Customer-facing roles · US companies

Customer Success Managers in Turkey: Tax and Permanent Establishment Risk for US Companies

Engineers in Turkey rarely create a permanent establishment. Customer-facing people are different: a customer success manager, account manager or renewals specialist serving Turkish accounts can make a US company taxable in Turkey — depending on authority, not title.

Evren Özmen, CPA · TÜRMOB Reg. No. 35675 · Published 20 October 2026

The short version

A customer success manager (CSM) in Turkey creates a permanent establishment for a US company when they habitually conclude contracts in substance — negotiating renewals, agreeing discounts or sending order forms headquarters signs without change. Adoption, onboarding and account-health work alone is lower risk. A full-time home office serving Turkish customers adds a second, fixed-place risk under the OECD’s 2025 home-office guidance.

Key facts

PointPosition (October 2026)Basis
Treaty agent-PE test (US–Turkey)Dependent agent who has and habitually exercises authority to conclude contracts on behalf of the enterpriseUS–Turkey Income Tax Treaty Art. 5(4)
Does the US–Turkey treaty use the post-BEPS “principal role” wording?No — the US is not a party to the OECD Multilateral Instrument, so the pre-2017 wording appliesTreaty text; MLI party list
Turkish domestic agent testPermanent representative: a person working continuously in Turkey on behalf of and for the account of a business — no signing authority neededTax Procedure Law Art. 157; Corporate Tax Law Art. 3
Fixed-place test for a home office<50% of working time at home over 12 months → generally not a place of business; above that, serving local customers is a commercial reasonOECD Commentary 2025 Update
Services PE in the US treatyNoneTreaty Art. 5
Tax if a PE exists25% corporate tax on attributable profit, plus filing and bookkeepingCorporate Tax Law Art. 32
VAT on the CSM’s contractor invoiceUsually 20% — benefit of Turkish-account work is used in TurkeyVAT Law Art. 11/1-a, 12/2

Does a customer success manager in Turkey create a PE for a US company?

Only if their role reaches contracting authority or their home becomes your place of business. A CSM focused on adoption, onboarding and health scores does not conclude contracts. Once the same person negotiates renewal pricing, approves discounts or prepares renewals that headquarters signs unchanged, a Turkish tax inspector — and arguably the treaty — can treat them as a dependent agent.

Account-health role vs revenue role: the task-by-task test

CSM taskAgent-PE riskWhy
Onboarding, training, adoption reviewsLowService delivery, no contracting
Health scores, QBRs, escalation to supportLowRelationship management
Identifying expansion opportunities and passing to US salesLow–mediumLead generation only, if hand-off is real
Owning a renewal or net-revenue-retention targetMediumIncentive aligns the role with selling
Negotiating renewal price, term or discountHighMaterial terms agreed in Turkey
Sending order forms that HQ signs without changeHighHabitual conclusion in substance
Signing, accepting POs or e-signing renewalsVery highAuthority to conclude contracts exercised in Turkey

The treaty wording — “has and habitually exercises an authority to conclude contracts” — was written before e-signature. Tax authorities and courts read it by substance: if every material term is agreed in Turkey and the US signature is a formality, the authority is being exercised in Turkey. The domestic permanent-representative test in Tax Procedure Law Art. 157 is wider and is where a Turkish audit starts.

Fixed place vs dependent agent: two separate risks for one person

A CSM can trigger a PE in two independent ways, and fixing one does not fix the other.

Fixed placeFull-time home office, customer meetings at home or a paid co-working desk; the OECD 2025 test asks about share of working time (50% over 12 months) and whether there is a commercial reason — serving Turkish customers is one.
Dependent agentContract negotiation and conclusion on your behalf, habitually. Applies even with no fixed place at all.

For engineers the fixed-place question is usually answered by “no commercial reason to be in Turkey”. For a CSM serving Turkish accounts that answer is not available, which is why customer-facing roles need a different design from engineering roles. Compare Does hiring a developer in Turkey create a PE?

Eight controls that keep a CSM role on the right side of the line

  1. Written approval matrix: pricing, discounts and non-standard terms approved by a US deal desk or sales leader, with evidence in the CRM.
  2. Contract routing: renewals generated and sent for signature from the US; the CSM is not a signatory or sender in the e-sign tool.
  3. Real review at HQ: HQ changes, rejects or re-prices renewals in practice — a rubber stamp does not help.
  4. Role description and title: “Customer Success Manager” with adoption and retention scope, not “Turkey Country Manager” or “Head of Sales Turkey”.
  5. Compensation: avoid commission on Turkish bookings; health and retention metrics are safer than revenue targets.
  6. Customer communications: email templates and signatures do not present the CSM as authorised to commit the company.
  7. Working pattern: no customer meetings at home; no company-paid office in Turkey without a PE analysis first.
  8. Annual re-check: roles drift — the CSM who started on onboarding is often running renewals two years later.

How the US–Turkey treaty compares with other Turkish treaties

Treaty positionAgent-PE wordingServices PEEffect for a CSM
US–TurkeyHabitually exercises authority to conclude contracts (pre-BEPS)NoneFocus on who agrees terms and who signs
Treaties with a services-PE clause (e.g. New Zealand–Turkey)Similar agent wordingServices furnished through individuals present >183 days in a 12-month period (with conditions)Time in Turkey alone can matter
Treaties modified by the MLI, where both states opted for the Art. 12 agent ruleAlso covers a person who plays the principal role leading to contracts routinely concluded without material modificationTreaty-specificNegotiating renewals is caught even if HQ signs
No treatyTurkish domestic law only (Tax Procedure Law Art. 157)—Widest exposure

UK, German and other European employers should check their own treaty and its MLI status; the analysis above is for US companies.

Personal tax and VAT: the two questions that follow the PE question

The CSM’s own tax position depends on the engagement. A remote employee on US payroll is taxed in Turkey on salary for work performed in Turkey, and a foreign employer without a Turkish workplace cannot register with SGK — see Remote employee in Turkey: tax, payroll, SGK & PE risk. A CSM engaged as a contractor serving Turkish accounts should normally charge 20% VAT, because the benefit of the work is used in Turkey — see Should a Turkish contractor charge VAT to a US company?

In my practiceThe risky moment is not the hire — it is the first renewal season. Companies hire a CSM in Istanbul for onboarding and adoption, and the role is clean. Twelve months later the Turkish customers want to negotiate, the CSM is the person they know, and the US sales team is happy to let her run it. Nobody changes the contract or the title, so nobody notices that the authority moved to Turkey. When we review these files, the CRM and the e-sign audit trail tell the story more reliably than the job description. — Evren Özmen, CPA

Anonymised case analyses

Case 1 · US SaaS, CSM running renewals

Facts. Series B US SaaS company, 35 Turkish accounts, one Istanbul CSM engaged via EOR, compensated partly on net revenue retention. She negotiated renewal discounts on calls and sent order forms the US CRO signed without edits.

The obvious answer. “She is employed by the EOR and does not sign — no PE.”

Why it failed. The EOR changed the employer, not the activity. Material terms were agreed in Turkey, habitually, and the US signature was a formality. Her NRR bonus confirmed a revenue role.

Structure adopted. US deal desk approval for all pricing changes with CRM evidence; renewals generated and sent from the US; NRR bonus replaced with adoption and health metrics; title kept as CSM; a Turkish subsidiary with a service agreement planned before the second Turkish hire.

Case 2 · US vertical software, onboarding-only CSM

Facts. US company selling to Turkish hospitals; CSM in Ankara did onboarding and training only; all commercial contact sat with a US account executive who travelled twice a year.

The obvious answer. “Customer-facing, so there must be a PE.”

Why it failed. It did not — the analysis held up. No contracting authority, no pricing role, clear CRM ownership by the US AE. The residual fixed-place question (full-time home office, local customer contact) was managed by a co-working arrangement held by the EOR and documented working patterns.

Structure adopted. Kept the EOR model; added an annual role review and a written policy that the CSM does not discuss price. VAT and payroll were handled correctly through the EOR.

What happens if…

What happens if the Turkish tax office decides our CSM is a dependent agent?

Your company is treated as having a Turkish permanent establishment. Profit attributable to it is assessed to 25% corporate tax for open years, with a tax loss penalty and late-payment interest, and the company must register, keep books and file in Turkey going forward.

What happens if the CSM’s role changed over time?

The assessment follows the facts year by year. A role that was clean in the first year can create exposure from the year the authority moved — which is why the CRM and e-sign trail matter.

What happens if we hire a second and third person in Turkey?

Each customer-facing hire increases both the fixed-place and the agent risk, and non-recoverable VAT on contractor or EOR invoices adds up. Around this point a Turkish subsidiary with a cost-plus service agreement usually becomes the more efficient structure.

What happens in due diligence?

Investors and acquirers ask about every country where people work. An undocumented customer-facing role in Turkey is a standard indemnity item; a written CPA opinion and clean controls usually resolve it.

What drives the cost of a review

Fees are confirmed privately. Scope depends on the number of customer-facing people in Turkey, the treaty country, how much CRM and e-sign evidence must be reviewed, how many past years are open, and whether the review includes VAT on contractor or EOR invoices and a structure recommendation.

Frequently asked questions

Does a customer success manager in Turkey create a permanent establishment for a US company?

Not by default. A CSM limited to onboarding, adoption and account health does not conclude contracts. Risk arises when the CSM negotiates renewals, agrees discounts or sends contracts headquarters signs unchanged, or works full-time from a home office serving Turkish customers.

Is a renewal negotiated in Turkey but signed in the US a PE risk?

Yes. If the material terms are agreed in Turkey and the US signature is a formality, authority to conclude contracts is being exercised in Turkey in substance. Turkish domestic law on permanent representatives (Tax Procedure Law Art. 157) does not even require signing authority.

Does using an employer of record protect against PE risk for a CSM?

No. An EOR becomes the legal employer and handles payroll and social security, but the CSM still acts for your company. The PE analysis depends on what the CSM does, not on who employs them.

Does the US–Turkey tax treaty have a services PE clause?

No. The US–Turkey treaty’s PE tests are a fixed place of business, a dependent agent who habitually exercises authority to conclude contracts, and construction projects over six months. The US is not a party to the OECD Multilateral Instrument, so the pre-2017 agent wording applies.

Can a home office in Turkey be a PE for a customer-facing role?

It can. Under the OECD 2025 Commentary, a home used for at least half of working time over 12 months may be a place of business if there is a commercial reason for the presence — and serving local customers is the example given.

Should a CSM be paid commission on Turkish revenue?

Commission on Turkish bookings strengthens the argument that the CSM sells for the company in Turkey. Adoption, retention and health metrics are safer incentives for a role meant to stay outside contracting authority.

When should a US company open a Turkish subsidiary for customer-facing staff?

Usually when Turkish staff negotiate or sell, when there are several customer-facing people, or when non-recoverable VAT on contractor or EOR invoices becomes material. A subsidiary with a service agreement contains the exposure inside a Turkish taxpayer.

Is your Turkey-based customer success or account team creating a permanent establishment?

We help foreign companies assess Turkish VAT treatment, permanent establishment exposure and contractor arrangements through a CPA-led written tax opinion and a practical compliance roadmap — Tax Certainty before the tax office asks.

To scope the review, send us five facts: country of incorporation · number of customers in Turkey · what the Turkey-based people do day to day · the current contract model · whether anyone in Turkey negotiates price or renewals.

Request a Turkey Tax Risk Review →WhatsApp a CPA+90 216 352 29 61

The full service — VAT, permanent establishment and contractor status for foreign companies serving Turkish customers — is described on Foreign Companies Serving Turkish Customers: VAT, PE & Contractor Risk.

Related reading

Primary sources

EÖ
Evren Özmen, CPA — Turkish Certified Public Accountant, licensed by TÜRMOB (Reg. No. 35675) · SYSTEMS CPA, Istanbul
Advises foreign companies and their finance and legal teams on Turkish VAT, permanent establishment, payroll and entity questions. Verify the licence on the TÜRMOB register · Wikidata · Editorial standards

General information on Turkish law as of October 2026, not a tax opinion on your facts.

Work with a licensed Turkish CPA firm

Turn Turkey compliance into certainty

SYSTEMS CPA supports foreign-owned companies with company formation, accounting, tax compliance and payroll in Turkey — one accountable local partner. Reviewed by Evren Özmen, SMMM (Certified Public Accountant), TÜRMOB Reg. No. 35675.

Schedule a Consultation →

Evren Özmen, CPA (SMMM)

Turkish Certified Public Accountant (SMMM), licensed by TÜRMOB — Reg. No. 35675. Advising international investors and companies on Turkish tax, accounting and compliance at OZM Consultancy, Istanbul.

WhatsAppCallConsultation