

Tax Crime Investigation Against Foreign Investors in Turkey: Search, Seizure and Defense 2026
Foreign investor facing a tax crime investigation in Turkey? Learn how search and seizure procedures, company records, computers, bank accounts, digital evidence, false invoice allegations and defense strategies work under Turkish law in 2026.
A foreign investor in Turkey may first encounter a tax problem through what appears to be an ordinary administrative process: a request for documents, a tax inspection, a supplier investigation, a risk-analysis notice or questions concerning particular invoices.
The situation can become substantially more serious if authorities consider that the facts may involve a tax crime.
The investor may then face a criminal investigation involving prosecutors, searches of company premises, seizure of documents or digital devices, examination of accounting records, banking evidence and potentially measures concerning assets.
For foreign investors, the most important principle is to distinguish three stages:
Tax risk or inspection → Criminal suspicion → Criminal investigation and coercive measures.
They are not the same thing.
A tax-risk signal does not itself prove tax evasion. Indeed, Turkey’s Tax Inspection Board expressly states that risk signals generated by its KURGAN system do not, by themselves, establish that a transaction is false or that the taxpayer used a false document.
Once a criminal investigation begins, however, the defense must address not only the underlying tax allegation but also the legality, scope and evidentiary consequences of any search and seizure.
Foreign investors can become involved through allegations concerning:
Tax crime investigations frequently develop from a much larger examination of a supplier, customer, intermediary or corporate group.
The fact that a foreign investor’s company appears in that network does not automatically establish personal criminal responsibility.
A foreign investor may be:
These positions should not be treated as interchangeable.
The investigation should determine the individual’s actual role.
A passive foreign shareholder who had no operational authority over accounting or procurement presents a different factual situation from a shareholder-director who personally created fictitious suppliers and approved disputed transactions.
This distinction is fundamental.
A Turkish company may face additional tax assessments.
The company may have used a disputed invoice.
A supplier may be considered suspicious.
But those facts do not automatically establish that every foreign shareholder or director committed a criminal offence.
The criminal investigation should determine:
Who performed the act?
Who authorized it?
Who knew about it?
Who controlled the relevant process?
What evidence links the foreign investor personally to the alleged offence?
A typical sequence may be:
Supplier investigation → Risk analysis → Tax inspection → Disputed transactions → Tax crime findings → Prosecutor involvement → Criminal investigation.
Another case may begin through:
Banking evidence → Corporate investigation → Accounting records → Suspected tax offence.
The precise route matters because it determines what evidence already exists when the foreign investor first becomes aware of the investigation.
This is particularly important for foreign-owned businesses.
Turkey’s Tax Inspection Board currently operates KURGAN, a transaction-focused risk-analysis system that uses large-scale data analysis to identify potentially risky transactions.
The Board describes KURGAN as a risk-analysis and early-warning mechanism rather than an inspection or sanction in itself. It can generate information requests and field checks concerning the commercial reality of transactions.
In August 2026, the Tax Inspection Board reported that 34,315 taxpayers had received information requests in one phase of its false-document monitoring program based on historical KURGAN risk outputs. The Board expressly emphasized that a KURGAN risk signal alone does not prove that a transaction is false.
This distinction can be important in criminal defense:
Risk indicator ≠ established offence.
Current Tax Inspection Board guidance states that field teams may seek evidence concerning whether a transaction was genuine.
Depending on the transaction, officials may seek to determine whether:
The stated objective is to collect evidence concerning the commercial reality of transactions before or during broader inspection processes.
A foreign investor should therefore treat apparently routine document and inventory questions seriously.
Tax inspection and criminal investigation are legally distinct processes.
Where findings are considered to fall within criminal tax provisions, the matter can develop into a criminal investigation involving the public prosecutor.
At that point, authorities may seek criminal-procedure measures to preserve or obtain evidence.
Depending on the circumstances, this can include:
Each measure has its own legal requirements.
One of the most disruptive developments is a search of the company’s office, factory, warehouse or other business premises.
A search is not merely a tax inspector asking to inspect company books.
A criminal-procedure search is a coercive investigative measure.
The defense should immediately determine:
Who authorized the search?
Which investigation does it concern?
Which premises are covered?
What offence is being investigated?
What objects or evidence are being sought?
What was actually taken?
A search indicates that authorities are investigating and seeking evidence.
It is not a conviction.
Foreign executives should avoid reacting as though the search itself proves the allegations.
The company’s response should instead focus on:
Do not physically obstruct officials carrying out a lawful measure.
At the same time, the company should carefully document what occurs.
Important matters include:
The investor or company should obtain and preserve the official records produced during the operation where legally available.
Never attempt to:
Such conduct can create additional evidentiary and legal problems.
Suppose the investigation concerns transactions with Supplier X during 2025.
During the search, authorities obtain materials from the company’s accounting department.
The defense should later examine whether the material collected was within the lawful scope of the investigative measure and whether the search and seizure complied with applicable procedural requirements.
This can be particularly important where highly sensitive corporate information unrelated to the suspected offence is captured.
Tax crime investigations can involve large volumes of corporate material.
Potentially relevant records include:
A seizure should be documented carefully.
The defense should know exactly what authorities possess.
After the search, create an internal table:
| Item | Description | Location Taken From | Business Importance |
|---|---|---|---|
| Laptop 1 | Finance manager laptop | Finance office | Accounting access |
| File 1 | Supplier X contracts | Archive | Disputed transactions |
| Drive 1 | Accounting backup | Server room | Company accounts |
| Phone 1 | General manager phone | Executive office | Corporate communications |
This helps the defense identify what evidence may later appear in the investigation file.
It also helps the company assess operational disruption.
Modern tax investigations frequently depend on digital evidence.
Authorities may encounter:
Digital evidence requires particular procedural safeguards because one device can contain enormous quantities of business and personal information.
The Constitutional Court’s 2026 decision concerning computer searches and seizures specifically discussed the distinctive nature of digital evidence and circumstances in which encrypted or hidden data may make on-site examination and copying impracticable, potentially creating a need for seizure and later secure examination.
Foreign investors should not treat:
“The computer was taken”
and
“Every piece of information on the computer can automatically be used”
as identical propositions.
The defense should examine:
Digital evidence is particularly important in 2026 because the Constitutional Court has scrutinized the safeguards surrounding computer searches, copying and seizure.
A foreign parent company may retain technical access to a Turkish subsidiary’s laptop or cloud account.
After learning that a device has been seized, someone at headquarters may think:
“We should remotely delete the confidential files.”
Do not do this.
Preservation and lawful legal challenge are entirely different from destruction or manipulation of potential evidence.
Foreign investors often use international systems such as:
The fact that information is accessible from a Turkish office does not necessarily mean every remote data source should be treated identically to files physically stored on a local computer.
The acquisition of remote or foreign-hosted data can raise separate questions concerning legal authority, territoriality, provider cooperation and international procedures.
The exact method by which data was obtained should therefore be identified.
Emails can become central evidence in tax crime investigations.
For example:
“Please issue the invoice even though the goods have not arrived.”
would obviously raise different questions from:
“The shipment arrived today; please forward the delivery documents to accounting.”
Preserve the complete email chain.
Do not rely only on selected screenshots.
Context can materially change meaning.
Corporate transactions increasingly occur through messaging applications.
Relevant conversations may concern:
Again, individual messages should be considered in context.
A screenshot without the complete conversation may not tell the whole story.
Foreign investors sometimes assume that every tax crime investigation automatically permits authorities to freeze all personal and corporate assets.
That is not correct.
Asset seizure in criminal proceedings requires a separate legal basis and satisfaction of the statutory conditions applicable to the measure.
The defense should determine:
What property is restricted?
Whose property is it?
What decision imposed the measure?
Which alleged offence supports it?
What evidentiary connection is alleged?
Is the measure limited to the suspected proceeds or broader property?
Do not confuse a tax collection measure with a criminal-procedure seizure.
They can arise under different legal frameworks.
A foreign investor may own shares in the company.
That does not mean:
Company property = shareholder’s personal property.
Similarly, the fact that a company is under investigation does not automatically establish that every asset belonging personally to a shareholder represents criminal proceeds.
Ownership and the alleged connection to the offence must be analyzed carefully.
Investigators may examine:
But banking evidence can also support the defense.
For example, it may establish:
Real supplier payment → genuine transport → actual inventory → subsequent product sale.
Financial evidence should therefore be reconstructed comprehensively rather than viewed only as evidence against the investor.
False-document allegations can be especially likely to involve extensive documentary examination because authorities may need to determine whether the underlying transactions actually existed.
The Tax Inspection Board’s current KURGAN methodology expressly focuses on transaction reality and can involve requests to show goods, subsequent sale invoices, return documentation or manufacturing records.
This means the defense should be prepared to establish:
Invoice → Supplier → Payment → Delivery → Inventory → Production or resale.
This deserves particular emphasis in 2026.
The Tax Inspection Board expressly states that KURGAN:
The Board also states that taxpayers can provide evidence demonstrating the reality of their transactions.
In August 2026, the Board again emphasized that KURGAN risk outputs alone do not establish that a transaction is false.
A criminal defense should therefore distinguish:
Algorithmic or analytical risk → Investigative evidence → Proof concerning the individual accused.
Foreign investors should also be aware that tax investigations are becoming increasingly automated.
In June 2026, the Tax Inspection Board announced further integration of its report-automation system for false-document-use investigations, stating that queries, calculations, data analysis and current legislation would be integrated into automated reporting workflows.
This can shorten the period between detection of a risk and formal investigative consequences.
Document preservation should therefore begin early.
Tax crime investigation and prosecution remain an active institutional focus.
On May 21–22, 2026, representatives of the Ministry of Justice, Court of Cassation, Tax Inspection Board, appellate judiciary, prosecutors and judges met specifically to discuss investigations and prosecutions under Articles 359 and 367 of the Tax Procedure Law, including practical problems and institutional cooperation.
This reinforces the need for foreign investors to treat a criminal tax investigation separately from ordinary tax compliance correspondence.
Where a criminal investigation extends to an individual’s residence, additional privacy interests arise.
The defense should determine:
A search of a corporate office and a search of a private residence should not be treated as though they are factually identical.
This is common.
A foreign director’s personal phone may contain:
If such a device becomes part of the investigation, the defense should examine both relevance and lawful acquisition.
Do not delete material after becoming aware of the investigation.
A corporate laptop may contain:
Digital searches can therefore capture material unrelated to the suspected tax offence.
The scope, necessity and handling of unrelated data can become important procedural questions.
If investigators focus on accounting, identify who had access to:
Access logs and corporate authorization structures can sometimes help identify who actually performed disputed actions.
Preserve evidence demonstrating the investment structure.
Relevant documents can include:
The defense should demonstrate actual corporate governance rather than merely state:
“I was only an investor.”
Historical tax crime allegations frequently create difficulties after acquisitions.
Example:
2023 — disputed invoices
2024 — alleged tax irregularity
2025 — foreign investor purchases company
2026 — criminal investigation
The investor should preserve:
Current ownership does not itself prove involvement in conduct occurring before the acquisition.
Then the defense should examine the person’s actual managerial responsibilities.
Important questions include:
Did the investor select suppliers?
Did they control accounting?
Did they approve payments?
Did they sign disputed contracts?
Did they receive reports confirming delivery?
Did they communicate with the supplier?
The answer may differ transaction by transaction.
A common reaction is:
“The accountant did everything.”
But the investigation may show that the accountant merely recorded invoices supplied by company management.
Determine:
Responsibility should be reconstructed objectively.
After a search, company personnel may panic.
Do not arrange a meeting designed to create a false common version of events.
Employees and executives should not:
The defense should be built from genuine records.
Authorities may collect evidence supporting suspicion.
The defense should independently identify evidence supporting the foreign investor.
This can include:
Evidence favorable to the investor can disappear through ordinary retention cycles if it is not preserved.
After an operation, the defense should review available official documentation concerning:
Discrepancies should be identified promptly.
Where digital evidence becomes important, consider:
Which device produced the data?
When was it seized?
How was it identified?
Was a forensic copy made?
Can integrity be verified?
Is the evidence complete?
Does the material actually belong to the accused user?
The Constitutional Court’s 2026 computer-search decision underscores the distinctive evidentiary and privacy issues involved in obtaining and examining digital material.
Suppose incriminating files are found on a company computer.
Ask:
File on device ≠ automatic proof that the foreign investor created it.
Some businesses use shared addresses such as:
finance@company
or
accounting@company
A message from such an account should not automatically be attributed to one person without examining account access and surrounding evidence.
Foreign investors frequently communicate in English, German, Arabic, Russian, Chinese or other languages.
Preserve original communications.
Do not replace originals with informal translations.
A translation can be prepared for proceedings, but the underlying message should remain available.
Words concerning:
invoice, payment, commission, delivery, cash, tax, refund
can carry materially different meanings depending on context.
Tax crime searches can sometimes capture communications with legal counsel.
Where privileged material is implicated, the issue should be identified promptly and analyzed under the procedural rules applicable to the particular material and search.
Do not assume that every communication copied during a broad digital operation can automatically be treated in the same manner.
An important defense distinction is:
Was the evidence obtained lawfully?
and
Does the evidence reliably prove the allegation?
These are separate questions.
A bank document may be authentic but not establish criminal intent.
A genuine email may have been interpreted outside its context.
A digital file may exist but have been created by another employee.
Both legality and evidentiary meaning should be examined.
Do not physically obstruct the operation.
Document what occurred.
The legality and scope of the search can then be examined through the appropriate legal procedures.
This is generally safer than attempting to resolve complex procedural objections through physical confrontation at the premises.
Property should not necessarily remain seized indefinitely merely because it was initially relevant to an investigation.
Whether particular documents, devices or assets can be returned depends on the legal basis for the measure, continuing evidentiary need, possible confiscation issues and procedural status.
The defense should periodically reassess whether continued retention remains necessary.
Foreign companies may suffer operational damage when essential devices or records are seized.
Immediately determine:
Do not use business-continuity concerns as a reason to interfere with seized evidence.
Instead, address access and return through lawful procedures.
A criminal investigation does not automatically mean every foreign suspect is prohibited from leaving Turkey.
Whether a travel restriction exists depends on whether a specific judicial measure has been imposed.
Before international travel, a foreign suspect facing an active criminal investigation should determine the procedural status of the case and whether any judicial-control measure exists.
Foreign investors may worry that a tax crime allegation automatically cancels residence or work status.
Criminal proceedings and immigration measures are separate legal processes.
The existence of an investigation should not be treated as equivalent to conviction or automatic removal.
Where an immigration measure is separately initiated, it should be assessed under the applicable immigration legislation.
Identify the precise allegation.
Avoid treating several years as one undifferentiated accusation.
Identify invoices, suppliers and amounts.
Remember that a risk signal is not itself proof of a false transaction.
Determine the administrative history.
Examine the legal basis and procedural documentation.
Company, warehouse, residence or multiple locations?
Prepare an exact inventory.
Identify users, access rights and business functions.
Determine the exact legal mechanism.
Reconstruct commercial reality.
Shareholder, director, passive investor or operational manager?
Map internal responsibility.
Do not focus only on prosecution evidence.
Review this as the investigation progresses.
A criminal investigation can involve search measures where the statutory conditions and required authorization are satisfied. The legality, scope and execution of the particular search should be examined individually.
No. A search is an investigative measure used to obtain or preserve evidence. It is not a criminal conviction.
Digital devices can become subject to computer-search and seizure procedures where the applicable statutory requirements are satisfied. The Constitutional Court issued an important 2026 decision addressing safeguards surrounding searches, copying and seizure of digital material.
Company email can potentially become relevant evidence, depending on the legal method used to obtain it and its connection to the investigation. The defense should examine scope, authenticity, context and attribution.
No. Search of premises and seizure of assets are distinct measures. Any restriction on assets requires its own legal basis and applicable statutory conditions.
No. The Tax Inspection Board expressly states that KURGAN is a risk-analysis mechanism and that its risk signals do not themselves establish that a transaction is false or that a taxpayer used a false document.
Share ownership may explain the person’s relationship with the company, but individual criminal responsibility requires examination of the person’s conduct and the evidence connecting them to the alleged offence.
Acquisition dates, historical management, due diligence, signature authority and operational control should be documented. Current ownership should not automatically be treated as participation in earlier conduct.
Do not destroy documents, delete communications, remotely wipe devices, backdate agreements, fabricate evidence or coordinate false statements with employees.
Separate the issues. Examine the underlying tax allegation, the investor’s personal role, the reality of the commercial transactions, the evidence obtained and the legality and scope of search and seizure measures.
Turkey’s tax enforcement environment has become increasingly technology-driven.
KURGAN now analyzes transaction-level risks and can generate information requests and field checks. The Tax Inspection Board emphasizes that these outputs are risk indicators rather than findings of guilt.
The scale of this approach is significant. In August 2026, the Board reported sending information requests to 34,315 taxpayers in one false-document monitoring program based on historical KURGAN outputs.
The Board is also automating false-document investigation reports, with a June 2026 announcement describing integration of queries, calculations, data analysis and current legislation into its reporting system.
At the criminal-justice level, the Ministry of Justice reported a May 2026 inter-agency meeting involving prosecutors, judges, Court of Cassation representatives and the Tax Inspection Board specifically concerning investigations and prosecutions under Articles 359 and 367 of the Tax Procedure Law.
Foreign investors should therefore assume that suspicious tax transactions may be examined through increasingly integrated financial, tax and digital evidence.
The appropriate response is not panic or destruction of records.
It is:
Preserve evidence → Identify the exact allegation → Reconstruct the transaction → Establish individual corporate responsibility → Review search and seizure legality → Challenge unsupported conclusions with objective evidence.
Tax crime investigations involving foreign investors can combine tax law, criminal procedure, corporate governance, banking evidence, digital forensics and international business records.
A comprehensive defense may require answering several distinct questions:
Why was the company targeted?
Was the transaction genuinely commercial?
What evidence links the investor personally to the alleged conduct?
Was the investor operational or passive?
Were search and seizure measures lawfully authorized and properly executed?
What digital and financial evidence was obtained?
Which evidence supports the defense?
Fırat Fesih Kaya Law Office provides legal assistance to foreign investors, shareholders, company directors, executives and foreign-owned companies facing tax crime investigations in Turkey.
Lawyer Fırat Fesih Kaya assists foreign clients with tax crime investigations, false invoice allegations, searches of company premises, seizure of documents and digital devices, corporate responsibility analysis, prosecutor proceedings, tax inspection files and defense strategies involving commercial, banking and digital evidence.
Early legal intervention can be particularly important after a search because the defense may need to document the scope of the operation, preserve independent exculpatory evidence, reconstruct historical transactions and protect the company’s ability to continue operating while the criminal investigation proceeds.
Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower No:148, 06520 Balgat, Çankaya, Ankara, Turkey
This publication is provided for general informational purposes and does not constitute legal advice. Search, seizure, tax liability, criminal responsibility and available defense remedies depend on the precise allegation, applicable version of the legislation, procedural decision, evidence and individual role of the foreign investor in each case.