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04 Aralık 2024
Yazar Civan Güneş, Kategori Work Life
In today's modern work environment, social benefits provided to employees not only enhance work efficiency but also foster a sustainable culture of loyalty in the workplace. In this context, benefits in-kind are a crucial social support mechanism provided by employers to meet specific needs of their employees. Benefits in-kind are regulated under Turkish Labor Law and Social Security Laws, offering various advantages for both employers and employees. However, the implementation, payroll processing, and taxation aspects of these benefits require careful consideration.
Benefits in-kind refer to non-cash benefits provided by the employer to the employee in the form of goods or services. Assistance aimed at addressing employee needs such as meals, transportation, clothing, healthcare services, or educational support falls under this category.
Legal Framework:
Benefits in-kind aim to improve employee welfare while also offering tax and premium advantages to employers.
Various types of benefits in-kind can be provided to meet the needs of employees in their professional lives:
Benefits in kind and cash benefits differ in terms of their provision and legal obligations.
Benefits in-kind are a significant part of the social support employers provide to their employees and are generally directed toward the following groups:
Benefits in-kind offer various advantages for both employees and employers:
Benefits in-kind are typically provided at the employer's discretion. However, collective bargaining agreements, occupational health and safety regulations, or sector-specific requirements may oblige employers to provide certain benefits in kind.
Some collective bargaining agreements or individual employment contracts may contain provisions obliging employers to provide benefits in-kind. For example, if a collective bargaining agreement explicitly states that employees must receive meals, clothing, or transportation assistance, the employer is obligated to provide these benefits.
Certain sector-specific regulations may require employers to provide specific benefits in-kind. For instance, in the food or healthcare sectors, the provision of hygiene materials to employees may be mandatory.
Some organizations may establish regular provision of benefits in-kind as part of their corporate policy. Although initially offered at the employer's discretion, these benefits may become a written requirement in workplace regulations over time.
Properly reflecting benefits in kind on the payroll is crucial to ensure employers fulfill their legal obligations and employees' rights are protected. In this process, the nature of the benefit and compliance with legal regulations must be carefully evaluated.
The first step in reflecting benefits in-kind on the payroll is determining their monetary value. This is calculated based on the market value of the benefit provided to the employee. For example:
This value is considered as an addition to the gross salary on the payroll.
Click here to access the 2026 payroll parameters in Türkiye.
The taxation and inclusion of benefits in-kind in social security premiums depend on the type and limits of the benefit:
Under Article 61 of the Income Tax Law No. 193, benefits in kind fall within the scope of wages and are subject to income tax. However, certain types of benefits (e.g., meal and transportation allowances) may be tax-exempt within specified limits.
According to Article 80 of the Social Insurance and General Health Insurance Law No. 5510, benefits provided in kind are generally not subject to social security premiums. However, if these benefits are provided in cash, they must be included in the premium base.
Click here to learn about the important regulation on meal allowances and SGK premium exemptions.
Processing benefits in-kind on payroll is done based on their type and legal status:
Benefits in-kind added to the payroll must be reported to relevant authorities by the employer:
Accurately and comprehensively reflecting benefits in-kind on payroll is critical for employers to meet their legal obligations and protect employees' rights. Expert payroll management and up-to-date knowledge of regulations are essential to avoid penalties arising from any errors in this process.
Should you have any queries or need further details, please contact us.
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The content in this article is for general information purposes only and belongs to CottGroup® member companies. This content does not constitute legal, financial, or technical advice and cannot be quoted without proper attribution.
CottGroup® member companies do not guarantee that the information in the article is accurate, up-to-date, or complete and are not liable for any damages that may arise from errors, omissions, or misunderstandings that the information may contain.
The information presented here is intended to provide a general overview. Each specific case may require different assessments, and this information may not be applicable to every situation. Therefore, before taking any action based on the information provided in the article, it is strongly recommended that you consult a competent professional in the relevant fields such as legal, financial, technical, and other areas of expertise. If you are a CottGroup® client, do not forget to contact your client representative regarding your specific situation. If you are not our client, please seek advice from an appropriate expert.
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