

Is software supplied with imported machinery included in Turkish customs value? Learn how embedded software, separate licence fees, activation payments and post-import software charges are treated in customs valuation.
When machinery is imported into Turkey, the commercial package increasingly includes not only physical equipment but also software.
Modern machinery may require software for:
This creates an important customs valuation question:
If the Turkish importer pays separately for the software licence, must that payment be included in the customs value of the machinery?
There is no universal answer. The customs treatment depends on the relationship between the software, the imported machinery, the sales agreement and the licence payment.
The key distinction is whether the software payment is effectively part of the consideration necessary to obtain and operate the imported machinery or whether it concerns a genuinely separate post-import service or right.
The first document to review is the sales contract.
Determine whether the machinery is sold:
with software included
or
without software, followed by a separate licence agreement.
Contract structure is important, but Customs may also examine the commercial substance of the transaction.
This is one of the most important questions.
Suppose a machine physically arrives in Turkey but cannot operate until the manufacturer activates proprietary software.
Customs may examine whether the software payment is economically inseparable from the imported equipment.
The importer should therefore determine whether the machinery can perform its intended function without the licence.
Many industrial products contain embedded software.
Examples include:
Where software is already installed in the imported equipment and forms an integral part of its operation, treating the software as entirely unrelated to the machinery may be difficult.
Assume:
Machinery invoice: EUR 500,000
Software licence: EUR 100,000.
The fact that the supplier issued two invoices does not automatically establish a customs value of only EUR 500,000.
Customs can examine the economic relationship between the two payments.
Similarly:
Machinery Supply Agreement
and
Software Licence Agreement
may still form part of one integrated commercial arrangement.
Customs may examine:
The expression “software licence” may cover very different arrangements.
It may represent:
Each element may require separate analysis.
Suppose the imported machine requires basic control software but the purchaser may optionally buy advanced analytics software.
These payments should not automatically receive identical treatment.
The importer should separate:
software required for basic operation
from
optional additional functionality.
Ask a practical engineering question:
If the Turkish importer refuses to purchase the software licence, what happens?
If the machine becomes commercially unusable, Customs may view the software and machinery as closely integrated.
If the machine operates normally and the licence merely provides optional features, the analysis may be different.
Another relevant question is whether the importer can obtain compatible software independently.
If only the machinery manufacturer can supply or activate the software, the commercial connection may be stronger.
If the machine accepts independent third-party software, that fact should be documented.
A manufacturer may deliver machinery containing software but require an activation key after importation.
For example:
Machine: EUR 750,000
Activation licence: EUR 150,000.
The importer should not assume that paying the activation fee after customs clearance automatically removes it from customs valuation analysis.
Payment timing alone is not decisive.
A payment may be invoiced months after the machinery enters Turkey.
Customs may still ask whether the payment was contractually or economically connected with the imported equipment.
The relevant issue is the substance of the payment.
A perpetual software licence supplied together with machinery can raise different questions from an annual cloud subscription purchased independently after installation.
Review:
Suppose the machine operates with its original software but the Turkish company later subscribes to:
These payments may be commercially distinct from the original imported equipment.
Document that distinction carefully.
A company may purchase updates several years after importation.
Ask whether the payment concerns:
the original imported machine
or
a new service or software improvement supplied later.
The timing, contractual basis and functionality should all be documented.
A software contract may combine:
Licence
Do not automatically treat the entire payment as one customs-value element.
Where legally supportable, the components should be separately identified using objective documentation.
A supplier may provide engineers who:
These services require their own customs valuation analysis.
The importer should preserve separate invoices and service descriptions.
Certain separately identifiable expenses for construction, installation, assembly, maintenance or technical assistance undertaken after importation may be excluded from customs value under the applicable customs valuation rules.
Therefore, machinery contracts should distinguish genuine post-import services from the purchase price of the imported equipment.
Suppose the contract price is:
EUR 1 million total
covering:
If the company intends to rely on separate customs treatment for certain post-import elements, those amounts should be objectively identifiable.
Vague lump-sum contracts create unnecessary valuation disputes.
Employee training conducted after importation may have a different character from embedded machine software.
Preserve:
Foreign manufacturers increasingly provide remote services after machinery installation.
These may include:
Do not automatically characterize all remote payments as part of the imported machinery.
A machine may connect to software hosted outside Turkey.
The importer may pay a monthly cloud subscription.
Analyze whether the cloud service is:
These facts can materially affect the customs analysis.
Suppose:
Company A sells the machinery.
Company B, a related group company, licenses the software.
Turkish Company C imports the machine.
Customs may examine whether the separation between the machinery seller and software licensor reflects genuine economic independence or forms part of one integrated transaction.
Where the parties are related, review:
Customs and corporate tax documentation should tell a consistent factual story.
A software payment may legally constitute:
Where it is a royalty or licence fee related to imported goods and payable as a condition of their sale, customs-value inclusion may arise under the applicable rules.
The machinery invoice may already include the software.
Check:
If software value is already incorporated into the declared price, it should not be added again merely because an internal breakdown later identifies a software component.
Supplier quotations often reveal the true commercial structure.
For example:
Machine: EUR 600,000
Mandatory operating software: EUR 80,000
Optional analytics package: EUR 30,000
Installation: EUR 20,000
This breakdown can be highly valuable during a customs valuation review.
Purchase orders can show whether machinery and software were ordered simultaneously.
If they were negotiated and purchased as one commercial package, Customs may investigate whether separate invoicing reflects the economic reality.
Customs valuation disputes involving machinery software are not purely accounting disputes.
Obtain technical evidence showing:
An engineer’s explanation can be highly useful.
A practical table may show:
| Component | Necessary for Operation? | Optional? |
|---|---|---|
| Basic operating software | Yes | No |
| Remote monitoring | No | Yes |
| Analytics module | No | Yes |
| Maintenance support | No | Yes |
| Employee training | No | Yes |
This can prevent Customs from treating every payment as part of one integrated machine price.
Software may be:
Delivery method can be relevant evidence, although it should not be treated as the sole factor.
A post-clearance audit may identify accounting entries such as:
Software Licence Expense
Technology Royalty
Activation Fee
Machine Software Subscription.
Customs may then compare those payments with historical machinery imports.
For each imported machine, identify:
Import date
Customs value
Software agreement
Software payment
Activation date
Installation cost
Maintenance payment
Customs treatment.
This allows potential exposure to be assessed efficiently.
Discovery of separate software payments does not establish that every payment should have been included in customs value.
First determine the legal and commercial character of each payment.
Where a software payment should properly affect customs value, calculate the consequences according to:
Do not apply one rate to every machine automatically.
If the machinery is subject to additional customs duty calculated on customs value, an increase in customs value may also increase that liability.
The exact treatment should be calculated according to the tariff and origin applicable to the relevant import.
If Customs concludes that software payments were omitted from customs value, any penalty should be reviewed independently.
Relevant questions include:
Additional duty does not automatically answer every penalty question.
Keep:
Documents created before the customs dispute generally provide stronger evidence than explanations prepared afterward.
Before importing expensive machinery, separate clearly:
Physical equipment
mandatory software
optional software
installation
training
maintenance
cloud services.
Clear drafting can significantly reduce later valuation uncertainty.
Separating one economically integrated purchase into several invoices solely to reduce customs value creates significant risk.
Contractual separation should reflect genuine commercial and technical separation.
High-value machinery purchases should be reviewed jointly by:
Customs valuation should be determined before shipment rather than after an audit.
For major machinery purchases, obtain a breakdown showing:
This provides the evidence needed for a defensible valuation position.
A licence renewal occurring years after importation may have different customs implications from the original mandatory licence.
Do not automatically repeat the original customs treatment.
Analyze each renewal according to its actual function and contractual basis.
If Customs adds every software, maintenance and support payment to the original machinery value, review whether the assessment properly distinguishes:
An overbroad assessment may be challengeable.
If Customs issues an additional assessment or administrative penalty, immediately record the notification date and applicable challenge period.
Technical evidence and expert reports can be developed while procedural rights are preserved.
When software is supplied with imported machinery:
Review the machinery contract
→ review the software agreement
→ identify mandatory and optional software
→ determine whether the machine functions without the licence
→ identify the software supplier
→ review related-party relationships
→ separate licence fees from installation, training and maintenance
→ check whether software is already included in the invoice
→ prepare technical evidence
→ review historical payments
→ calculate any customs exposure
→ analyze penalties separately
→ challenge overbroad assessments where appropriate.
Not automatically. The contractual and economic relationship between the software and imported machinery must be examined.
This creates a stronger customs valuation connection. The importer should carefully analyze whether the software payment effectively forms part of the consideration necessary to obtain functional machinery.
Not necessarily. Customs may examine the substance of the overall transaction rather than relying solely on separate invoices.
Later activation does not automatically exclude the payment. The contractual relationship and whether the software is essential to the imported machine remain important.
Not necessarily. Optional analytics, monitoring or additional-function modules should be separately analyzed and documented.
Certain separately identifiable post-import installation, assembly, maintenance and technical-assistance costs may receive different treatment under the applicable customs valuation rules.
A genuinely separate cloud service purchased after importation may require different treatment from embedded mandatory software. Its function, timing and contractual independence should be documented.
Yes. Software or licence payments identified during a post-clearance audit can lead to examination of historical machinery imports, subject to the applicable procedural framework.
Potentially, but the additional customs liability and administrative penalty should be analyzed separately.
Obtain a detailed contractual and price breakdown before importation. Clearly distinguish hardware, mandatory software, optional software, installation, training, maintenance and subscription services, and determine the customs treatment before the declaration is filed.
Machinery and software customs disputes can involve:
Embedded software
Software licence fees
Activation fees
Cloud subscriptions
Technology royalties
Imported machinery valuation
Post-import services
Additional customs duties
Post-clearance audits
and customs penalties.
Fırat Fesih Kaya Law Office assists foreign manufacturers, technology companies, multinational groups and Turkish importers where software, licence or technology payments may affect the customs value of machinery imported into Turkey.
Lawyer Fırat Fesih Kaya provides legal assistance in reviewing machinery and software agreements, separating hardware from software and post-import services, analyzing licence payments, reviewing historical customs declarations, calculating potential exposure, and challenging additional customs assessments and penalties.
Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey