

Are foreign research, engineering, design and development costs included in Turkish customs value? Learn when R&D payments, assists, royalties and intercompany development charges may increase customs duties in Turkey.
Turkish companies frequently import products developed by foreign parent companies, engineering centers, research laboratories or independent design firms. In addition to paying the foreign manufacturer for the goods, the Turkish importer may separately pay for research and development.
This creates an important customs valuation question:
Must R&D costs paid abroad be added to the customs value of imported goods?
There is no automatic rule that every foreign R&D payment must be included. The answer depends on what the payment actually covers, its relationship with the imported goods, who incurred the expense and whether the amount is already reflected in the import price.
For multinational companies, the issue can become particularly significant where millions of euros in group R&D costs are allocated annually to a Turkish subsidiary.
Relevant payments may include:
Each category should be examined separately.
A payment recorded as:
“R&D Expense”
does not automatically determine its customs treatment.
Customs may examine the underlying economic activity.
The important question is:
What did the Turkish importer receive in return for the payment?
Suppose a Turkish company imports automotive components developed specifically for its Turkish operations.
The foreign parent charges the Turkish subsidiary separately for engineering and product-development work used to manufacture those components.
There may be a significant customs valuation issue.
By contrast, general research concerning future products that are never imported into Turkey may require a different analysis.
Customs valuation rules contain specific provisions concerning certain goods and services supplied by the buyer for use in producing imported goods.
These can include engineering, development work, artwork, design work, plans and sketches undertaken outside the importing country where the applicable statutory conditions are satisfied.
Accordingly, foreign R&D should be reviewed for potential assist treatment.
An assist generally involves something supplied directly or indirectly by the buyer, free of charge or at reduced cost, for use in connection with the production and sale for export of imported goods.
Potential examples include:
If qualifying value has not already been included in the import price, customs-value adjustment may become necessary.
Assume:
Foreign manufacturer: produces specialized machinery.
Turkish importer: purchases the machinery.
Independent engineering company: designs a critical component.
The Turkish importer separately pays the engineering company EUR 300,000 and provides the resulting design to the manufacturer free of charge.
Customs may examine whether that EUR 300,000 constitutes an assist attributable to the imported machinery.
The structure becomes more complex where the foreign parent:
The company should determine whether the R&D charge is already reflected in the imported-goods price or represents additional consideration.
This is critical.
Suppose the manufacturer calculates the product price by including:
materials + labor + overhead + R&D recovery + profit.
If the customs transaction value already contains the relevant R&D cost, adding it again would create double counting.
The importer should obtain a clear pricing explanation.
Determine whether the import price includes:
A cost breakdown can be extremely useful during a customs audit.
Separate payment can attract scrutiny because Customs may ask why a cost connected with production was excluded from the invoice price.
The importer should be able to explain the legal and commercial reason for the separation.
Where customs valuation rules concerning engineering, development, artwork, design work, plans and sketches are relevant, the place where the activity was undertaken can be important.
Therefore, document:
Do not simply describe the activity as “global R&D.”
Not every research expense has the same connection with imported goods.
Compare:
General scientific research into future battery technology
with
engineering drawings created specifically to manufacture a battery model imported into Turkey.
The second activity has a much clearer connection with the imported product.
A multinational may allocate global R&D costs among subsidiaries according to turnover.
For example:
Global R&D expenditure: EUR 100 million.
Turkish subsidiary allocation: EUR 4 million.
The existence of a EUR 4 million allocation does not automatically establish that EUR 4 million should be added to customs value.
The underlying activities must be identified.
Break the R&D pool into:
This can prevent an overbroad customs adjustment.
A Turkish subsidiary may contribute to global R&D projects that never result in a commercially imported product.
Such expenditure should not automatically be allocated to unrelated imports.
Maintain project-level records.
Research undertaken in 2026 may concern products to be launched in 2028.
Do not automatically allocate the cost against current imports merely because the same multinational group incurred it.
The causal relationship must be analyzed.
A foreign engineering center may develop prototypes before commercial production begins.
Determine:
These facts may affect customs valuation.
A Turkish importer may purchase a mould abroad and provide it free of charge to the foreign manufacturer.
If the mould is used to manufacture goods imported into Turkey, its value may require customs valuation analysis as an assist.
The cost may need to be appropriately allocated over the relevant production.
Suppose a EUR 500,000 mould is expected to manufacture:
500,000 units.
An allocation methodology may attribute the relevant portion of the mould’s value to imported production.
The methodology should be objective, documented and consistently applied.
If the Turkish buyer separately purchases engineering drawings abroad and gives them to the foreign manufacturer for production of imported machinery, Customs may examine whether their value should be added.
The fact that the drawings are intangible does not automatically make them irrelevant.
Modern R&D frequently includes software.
Examples include:
Determine whether the software is incorporated into, necessary for, or otherwise connected with the imported product.
A company may pay one amount for:
development of software
and another for:
ongoing software licence rights.
These are different transactions and may require different customs valuation analyses.
R&D arrangements can ultimately generate intellectual-property rights.
The Turkish importer may later pay:
Such payments should be analyzed separately under the customs rules applicable to royalties and licence fees.
A payment for developing a new product is not necessarily the same thing as a royalty for using intellectual property.
Correct characterization is essential.
Possible categories include:
assist
royalty
purchase-price payment
independent service.
Some foreign R&D-related services may be genuinely independent from imported goods.
Examples might include:
Maintain evidence demonstrating the actual service performed.
Suppose machinery is imported into Turkey and a foreign engineering company later develops an optimization system specifically for the Turkish factory.
That payment should not automatically be treated as part of the original machinery value.
Timing, purpose and contractual independence should be reviewed.
A common multinational structure is:
Foreign Parent
→ charges R&D allocation
→ Turkish Subsidiary
while another group company supplies the imported products.
Customs may examine whether these arrangements collectively reduce the declared import price.
Review:
These documents may reveal how the group itself characterizes the R&D payment.
Avoid contradictory positions.
For example:
Tax position: The Turkish company pays R&D because the development directly creates the products it purchases.
while
Customs position: The R&D has absolutely no connection with imported products.
Such inconsistencies can weaken the company’s defense.
Multinationals sometimes operate cost-sharing or cost-contribution arrangements.
The Turkish company may contribute a percentage of:
The customs treatment cannot safely be determined from the agreement title alone.
Ask:
What does the Turkish subsidiary receive for its contribution?
Possibilities include:
The answer can materially affect customs analysis.
Suppose unrelated customers pay EUR 120 per unit.
The Turkish subsidiary pays EUR 80 per unit but separately funds the manufacturer’s product development.
Customs may investigate whether the EUR 80 invoice tells the complete economic story.
This structure requires particularly careful documentation.
Where possible, examine:
foreign manufacturer → Turkish subsidiary
against
foreign manufacturer → independent customers.
Adjust comparisons for:
This may help explain whether separately funded R&D influenced the import price.
For each major R&D project, maintain:
Project-level evidence is far stronger than a single annual “R&D charge” entry.
Customs may review accounting accounts such as:
R&D Charges
Engineering Services
Technical Development
Product Development
Intercompany Service Fees.
These payments may then be compared against historical imports.
Prepare:
| R&D Project | Amount | Country | Imported Product Connection | Customs Review |
|---|---|---|---|---|
| Project A | EUR 500,000 | Foreign | Direct | Required |
| Project B | EUR 250,000 | Foreign | General research | Separate |
| Project C | EUR 400,000 | Foreign | Future product | Separate |
This helps prevent blanket treatment.
Do not multiply the company’s total annual R&D expenditure by an average customs duty rate.
First identify:
which costs are potentially includable
→ which goods they relate to
→ which declarations are affected.
Only then calculate potential liability.
If R&D value is added to customs value, the resulting duty impact depends on the imported product.
Review:
Different products can produce very different financial consequences.
If an R&D issue is discovered during a 2026 audit, do not assume that all prior years have identical consequences.
Review each period and declaration according to the applicable procedural and substantive framework.
An accounting entry showing foreign R&D expense does not establish customs underpayment.
Before considering correction:
Even where an R&D cost should affect customs value, the penalty question should be analyzed independently.
Relevant circumstances may include:
Do not automatically treat additional duty and administrative penalty as the same issue.
If Customs attempts to add the company’s entire global R&D allocation to customs value, examine whether the assessment improperly includes:
A detailed project-by-project analysis can be decisive.
Before a Turkish subsidiary enters a new:
the customs consequences should be analyzed.
Waiting until a post-clearance audit can create significant historical exposure.
R&D valuation cannot be handled effectively by Customs personnel alone.
The company may need input from:
Engineers
Tax specialists
Finance
Procurement
Customs
Legal.
Technical understanding is often essential to determine whether a development cost relates to imported merchandise.
When a Turkish importer pays R&D costs abroad:
Identify each R&D project
→ determine where development occurred
→ identify imported goods benefiting from the project
→ review who paid the cost
→ review whether anything was provided to the manufacturer
→ test for assist treatment
→ check whether cost is already included in import price
→ review royalty implications
→ separate independent services
→ review transfer pricing documentation
→ develop an objective allocation
→ identify affected declarations
→ calculate potential customs exposure
→ analyze penalties separately
→ prepare an audit-ready R&D valuation file.
No. The nature of the activity, its relationship with imported goods, who supplied or paid for it and whether its value is already included in the import price must be examined.
Potentially. Engineering, development work, designs, plans and similar work undertaken abroad may become relevant where the statutory requirements concerning buyer-supplied assists are satisfied.
The same economic amount should not be added twice. The importer should document how the supplier calculated the product price.
No. General R&D allocations should be analyzed to identify whether and to what extent they actually relate to goods imported into Turkey.
Costs associated with projects that never resulted in the relevant imported goods should not automatically be allocated to unrelated imports.
Potentially, particularly where the Turkish buyer provides qualifying moulds or tooling free of charge or at reduced cost for use in producing imported goods.
They may be, but software can create additional issues involving embedded technology, licence fees and intellectual-property rights. The actual arrangement should be examined.
Yes. A post-clearance review may extend to historical declarations where Customs considers that foreign development costs were connected with imported goods, subject to the applicable procedural framework.
No. First determine whether the cost is legally relevant to customs value, whether it has already been included, how it should be allocated and which declarations are actually affected.
Review foreign R&D arrangements before imports occur. Product-specific engineering, design, development, tooling and intellectual-property costs should be mapped against the imported goods and pricing structure so that potential customs-value additions are identified before substantial historical exposure develops.
Foreign R&D customs matters can involve:
Research and development costs
Engineering and design expenses
Buyer-supplied assists
Moulds and tooling
Software development
Technology and royalties
Related-party imports
Transfer pricing
Post-clearance audits
and additional customs duties and penalties.
Fırat Fesih Kaya Law Office assists multinational companies, foreign manufacturers and Turkish importers where research, engineering, design or development costs paid abroad may affect the customs value of goods imported into Turkey.
Lawyer Fırat Fesih Kaya provides legal assistance in reviewing R&D and cost-sharing agreements, determining whether foreign development expenses constitute customs-value additions, analyzing assists and royalties, developing allocation methodologies, reviewing historical declarations 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