Banking

Repatriating Profits and Dividends from Türkiye to a Foreign Parent

Yes — a foreign parent company can move its Turkish subsidiary's profits home, and Türkiye (Turkey) does not trap the money inside the country. The Turkish lira and foreign currency are freely convertible, so once profit is lawfully distributed it can be wired abroad through a Turkish bank. The real question is not whether you can repatriate, but how you do it cleanly. The main route is a dividend: the company approves its annual accounts, sets aside the legal reserves the Commercial Code requires, and then the shareholders resolve to distribute what is left. A withholding tax applies on the way out, and a tax treaty may reduce it. Dividends are not the only route — intercompany loans, royalties, service fees and a capital reduction can each move value to the parent, but each carries its own tax and transfer-pricing rules. This guide walks through the dividend process step by step, the tax and banking mechanics of the actual transfer, and the legal alternatives, so you can plan the cleanest path for your structure.

Can a foreign parent freely take profits out of Türkiye?

In principle, yes. Türkiye does not run a classic exchange-control system that locks profits inside the country. Under the Decree No. 32 on the Protection of the Value of Turkish Currency (Türk Parası Kıymetini Koruma Hakkında 32 Sayılı Karar), the Turkish lira and foreign currencies are broadly convertible, and there is no general rule forbidding a Turkish company from paying a dividend abroad to its foreign shareholder.

So the barrier to repatriation is almost never a foreign-exchange ban. It is three practical things: the money must first become lawfully distributable profit under company law; the correct tax has to be settled on the way out; and the transfer has to survive the bank's anti-money-laundering checks. Get those three right and "moving money out of Turkey legally" is a routine, documented process rather than a fight.

The law: the free-convertibility framework sits in Decree No. 32. Outbound transfers are still screened under the anti-money-laundering regime built on the Law on Prevention of Laundering Proceeds of Crime No. 5549 and MASAK (the Financial Crimes Investigation Board) rules, which is why banks ask for supporting paperwork.

If you are still at the planning stage, it is worth thinking about repatriation before you incorporate. The way you capitalise the company and structure intra-group flows affects how easily — and how tax-efficiently — you can get profit back later. Our guide to setting up a Turkish company covers that first step.

Where are you in the process?

The dividend is the default route, and it is a corporate act under the Turkish Commercial Code No. 6102, not simply a decision to move cash. The sequence is: finalise the annual financial statements, cover carried-forward losses, fund the legal reserves the Code requires, have the general assembly resolve to distribute, then withhold the tax and transfer the balance. What is left after losses and reserves is the distributable profit — that ceiling, not your cash balance, is what you can pay out.
A dividend can only be paid out of distributable profit after year-end, so it may not fit your timing. Groups also use intercompany loans, royalties, licence or service fees, a capital reduction, or liquidation proceeds. Each has its own catch: thin-capitalisation and transfer-pricing rules on loans, a real licence at an arm's-length rate for royalties, genuine services properly priced for management fees, and a formal Commercial Code procedure with creditor-protection steps for a capital reduction.
Outbound payments are screened under the anti-money-laundering regime built on Law No. 5549 and MASAK rules, and a bank can hold a payment it cannot document. The usual cause is a vaguely labelled transfer or missing supporting papers, not a legal barrier. Banks generally ask for the general-assembly resolution, the approved financial statements, proof the withholding tax was declared and paid, and the parent's identity and account details — sometimes ownership information as well.
A double tax treaty between Türkiye and the parent's home country will often reduce the dividend withholding rate. It usually only applies if you claim it correctly, typically with a residence certificate from the parent's tax authority. The underlying rate is fixed by Presidential Decision and has been revised in recent years, so confirm the rate in force at the time of distribution and read the specific treaty rather than assuming a reduced rate applies.

The dividend route: how a Turkish company distributes profit

The cleanest and most common way to send profit to a foreign parent is a dividend. A dividend is not simply cash you decide to move; it is a corporate act governed by the Turkish Commercial Code No. 6102, and it can only be paid out of profit that the company is actually allowed to distribute. The usual sequence is:

  1. Finalise the annual financial statements. The company closes its accounts for the financial year and determines its net profit.
  2. Set aside the legal reserves. Before profit can be distributed, the Commercial Code requires certain reserves to be funded (see the reserve waterfall below).
  3. The general assembly resolves to distribute. The shareholders' general assembly formally approves the accounts and passes a resolution to distribute a dividend and in what amount.
  4. Withhold tax and pay the balance. The company applies dividend withholding tax and transfers the net amount to the shareholder.

The reserve step is the one foreign founders most often miss. In broad terms, a portion of annual profit must go to a first legal reserve until that reserve reaches a set fraction of the company's capital, and a further reserve is tied to amounts distributed as dividend. The exact percentages and the ceiling are fixed by the Commercial Code (the legal-reserve rules in Article 519) and should be confirmed for your specific figures, because how much you can pay out in a given year depends on them.

Step in the profit waterfallWhat happens
Net annual profitDetermined from the approved financial statements.
Prior-year lossesCarried-forward losses are covered first.
Legal reservesReserves required by the Commercial Code are funded before distribution.
Distributable profitWhat is left is available for the general assembly to distribute as a dividend.
Practical tip: a dividend needs a clean paper trail — approved financial statements, the general-assembly resolution, and proof the reserves were set aside. Prepare these in the form the bank and the tax office expect, so the transfer is not held up later.

What tax is paid when profits leave Türkiye?

Two layers of tax matter here, and they are different things. First, the company has already paid corporate tax on its profit during the year. Second, when that after-tax profit is distributed as a dividend to a non-resident shareholder, a dividend withholding tax (stopaj/tevkifat) is deducted at source and paid to the tax office.

The withholding rate on dividends to non-residents is set by Presidential Decision and has been revised in recent years, so you should confirm the current rate rather than rely on an old figure. Critically, a double tax treaty between Türkiye and the parent's home country will often reduce that rate — but usually only if you claim it correctly, typically with a residence certificate from the parent's tax authority.

The law: dividend withholding flows from the Income Tax Law No. 193 and the Corporate Tax Law No. 5520, with the applicable rate fixed by Presidential Decision and potentially reduced by an applicable double tax treaty. Confirm the rate in force at the time of distribution and check the specific treaty before assuming a reduced rate applies.

The actual transfer: banking, FX and paperwork

Once the dividend is declared and the withholding tax settled, the transfer itself runs through a Turkish bank. You will need an operating corporate bank account in Türkiye for the company, and the bank will convert the amount into the currency you are sending abroad.

Because the payment leaves the country to a foreign recipient, the bank applies its anti-money-laundering and "know-your-customer" checks and will usually ask for the paperwork that shows the payment is a genuine, tax-settled dividend. Expect to provide:

  • The general-assembly resolution approving the dividend distribution.
  • The approved financial statements the dividend is paid from.
  • Proof that the withholding tax was declared and paid.
  • The parent company's identity and account details, and sometimes ownership information.
Watch out: banks screen outbound transfers under the MASAK regime and can pause a payment they cannot document. A transfer labelled vaguely, or unsupported by the dividend resolution and tax proof, is the most common reason repatriation stalls. The fix is almost always paperwork, not a legal barrier. Our banking and finance team can pre-clear the documentation with the bank.
Common belief

Türkiye has exchange controls, so profit made there is effectively stuck in the country.

In fact

Türkiye does not run a classic exchange-control system that locks profits inside the country. Under Decree No. 32 on the Protection of the Value of Turkish Currency, the lira and foreign currencies are broadly convertible, and there is no general rule forbidding a Turkish company from paying a dividend abroad to its foreign shareholder. The real barriers are three practical ones: the money must be lawfully distributable profit, the correct tax must be settled, and the transfer must satisfy the bank's anti-money-laundering checks.

Common belief

The whole net profit shown in the accounts is available to send to the parent.

In fact

This is the step foreign founders most often miss. Carried-forward losses are covered first, and then the legal reserves required by the Commercial Code must be funded before anything is distributed — a portion of annual profit goes to a first legal reserve until it reaches a set fraction of capital, with a further reserve tied to amounts distributed as dividend. Only what remains is distributable. The percentages and the ceiling sit in the legal-reserve rules in Article 519 and should be confirmed against your own figures.

Common belief

I can label the payment a management or service fee and avoid the dividend withholding.

In fact

Turkish tax law anticipates exactly that. Under the Corporate Tax Law No. 5520, if a Turkish company transacts with a related party at a price that is not at arm's length, the authority can treat the excess as a disguised, taxable profit distribution. Payments to a parent for royalties, services or interest must reflect genuine value at market rates, backed by intercompany agreements, transfer-pricing documentation and board approvals prepared before the money moves — not after.

Common belief

If I fund the subsidiary with a group loan, I can strip the profit out as interest instead.

In fact

The thin-capitalisation rule (örtülü sermaye) in the Corporate Tax Law No. 5520 addresses this. Where related-party debt is disproportionate to equity — broadly, group borrowing above a set multiple of the company's equity — the excess can be recharacterised and the interest treated less favourably. In short, equity dressed up as a loan is not a route out. The exact debt-to-equity threshold is technical, so confirm it for your figures before relying on a structure.

A dividend is the default, but it is not the only lawful way value reaches the parent — and sometimes it is not the best-timed one, because a dividend can only be paid out of distributable profit after year-end. Groups also use intercompany loans, royalties, service fees, a capital reduction, or (at the end of the line) liquidation proceeds. Each moves money, and each has a specific catch you have to respect.

RouteWhat it moves to the parentMain legal / tax catch
DividendAfter-tax distributable profitOnly after year-end and legal reserves; dividend withholding tax applies.
Intercompany loan (repayment / interest)Principal and interest on parent fundingThin-capitalisation and transfer-pricing rules; interest is taxed and may be recharacterised if the loan is really equity.
Royalty / licence feePayment for IP or brand the parent licensesMust reflect a real licence at an arm's-length rate; withholding tax and transfer-pricing scrutiny.
Management / service feePayment for genuine services the parent providesServices must be real and priced at arm's length; documentation and withholding tax matter.
Capital reductionReturn of previously injected capitalA formal Commercial Code procedure with creditor-protection steps; tax treatment depends on the source.
Liquidation proceedsNet assets on winding up the companyOnly on closing the company down; a full liquidation process and final tax settlement.

Which route fits depends on your structure, your timing and your treaty position. Because several of these are cross-border, related-party payments, they draw tax scrutiny — which is the subject of the next section. Our corporate and M&A and tax and customs teams model these routes together so the choice is driven by substance, not just cash-flow convenience.

The traps: disguised profit distribution and thin capitalisation

The reason you cannot simply relabel a dividend as a "service fee" to dodge tax is that Turkish tax law anticipates exactly that. Two rules in the Corporate Tax Law No. 5520 police related-party flows:

  • Disguised profit distribution through transfer pricing (transfer fiyatlandırması yoluyla örtülü kazanç dağıtımı). If a Turkish company transacts with a related party — its foreign parent, say — at a price that is not at arm's length, the tax authority can treat the excess as a disguised, and taxable, profit distribution. Payments to the parent for royalties, services or interest must reflect genuine value at market rates.
  • Thin capitalisation (örtülü sermaye). If the company is funded by related-party debt that is disproportionate to its equity — broadly, borrowing from the group that exceeds a set multiple of the company's equity — the excess can be recharacterised, with interest treated less favourably. In other words, you cannot dress equity up as a loan just to strip profit out as "interest".
Watch out: the common thread is substance and arm's-length pricing. Cross-border payments to a parent that lack a real commercial basis, or that are mispriced, can be reassessed and taxed — sometimes with penalties. Keep intercompany agreements, transfer-pricing documentation and board approvals in order before, not after, the money moves. The exact debt-to-equity threshold and pricing methods are technical; confirm them for your figures before relying on a particular structure.

How a lawyer helps you plan the cleanest route

Repatriation is rarely blocked by law; it is slowed or taxed badly by poor planning. A Türkiye-qualified lawyer, working with your tax adviser, adds value in a few concrete ways. First, by choosing the route — dividend, loan repayment, licence fee, or a mix — that fits your timing and your treaty position, rather than defaulting to whatever moves cash fastest. Second, by getting the corporate steps right: the general-assembly resolution, the reserves, and the intercompany agreements that make a payment defensible. Third, by claiming treaty relief properly so you do not overpay withholding, and by pre-clearing the transfer paperwork with the bank.

For US-headquartered groups in particular, coordinating the Turkish withholding, the treaty position and the home-country tax picture at the same time is what keeps the same profit from being taxed twice. Our US Desk handles that end to end, alongside the tax and corporate teams. The goal is simple: get your profit home cleanly, on a documented basis, without a surprise assessment later.

6102LAW NO.
Turkish Commercial Code (TTK) · Article 519

Makes the dividend a corporate act and fixes the legal-reserve waterfall that must be funded before profit can be distributed.

5520LAW NO.
Corporate Tax Law (Kurumlar Vergisi Kanunu)

Houses the two rules that police related-party flows: disguised profit distribution through transfer pricing, and thin capitalisation.

193LAW NO.
Income Tax Law (Gelir Vergisi Kanunu)

Together with Law No. 5520, it is the source of the dividend withholding deducted when after-tax profit leaves for a non-resident shareholder, at a rate fixed by Presidential Decision.

5549LAW NO.
Law on Prevention of Laundering Proceeds of Crime

Underpins the MASAKMASAKThe Financial Crimes Investigation BoardTürkiye's financial intelligence unit — the body that receives suspicious-transaction reports and supervises anti-money-laundering duties.Glossary → regime under which banks screen outbound transfers and ask for supporting paperwork before releasing a payment.

32LAW NO.
Decree No. 32 on the Protection of the Value of Turkish Currency (Türk Parası Kıymetini Koruma Hakkında 32 Sayılı Karar) — a decree, not a numbered statute

Sets the free-convertibility framework that lets a lawfully distributed dividend be converted and wired abroad.

What to prepare before the money moves

Repatriation is rarely blocked by law; it stalls on missing documents. Assemble these before you instruct the transfer, not after the bank queries it.

Frequently asked questions

Can I transfer my Turkish company's profits abroad, or is the money stuck in Türkiye?

You can transfer profits abroad. Türkiye does not run a general exchange-control system that traps profit inside the country; the lira and foreign currency are broadly convertible under Decree No. 32. The limits are practical: the profit must first be lawfully distributable under the Commercial Code, the correct tax must be settled, and the outbound transfer must satisfy the bank's anti-money-laundering checks.

How is a dividend to a foreign parent taxed in Türkiye?

The company first pays corporate tax on its profit. When after-tax profit is distributed as a dividend to a non-resident shareholder, a dividend withholding tax is deducted at source. The rate is set by Presidential Decision and has changed in recent years, so confirm the current figure, and check whether a double tax treaty between Türkiye and the parent's country reduces it — treaty relief usually has to be claimed, often with a residence certificate.

Can I take money out as a loan repayment or a service fee instead of a dividend?

Sometimes, but the payment has to be genuine. Intercompany loans, royalties and service fees can move value to a parent, but Turkish tax law polices them through the disguised-profit-distribution (transfer-pricing) and thin-capitalisation rules in the Corporate Tax Law No. 5520. Payments must reflect real services or funding priced at arm's length; mispriced or artificial payments can be recharacterised and taxed. Keep proper intercompany agreements and documentation.

Do I need a Turkish bank account to send the dividend to my parent company?

Yes. The company needs an operating corporate bank account in Türkiye, and the transfer runs through that bank, which converts the amount into the currency you are sending. Because the payment leaves the country, the bank applies anti-money-laundering checks and will usually ask for the dividend resolution, the financial statements, and proof the withholding tax was paid before releasing the transfer.

How long does it take to distribute and repatriate a dividend?

There is no single fixed timeline, because it depends on when the financial year closes, how quickly the general assembly meets and approves the accounts, and how fast the withholding tax and bank documentation are completed. The corporate and tax steps, not the wire itself, are what set the pace. Preparing the resolution, reserves and tax proof in advance is the main way to keep it moving.

What is disguised profit distribution, and why should I care?

It is a tax concept: if a Turkish company pays a related party — such as its foreign parent — at a price that is not at arm's length, the tax authority can treat the excess as a hidden, taxable profit distribution rather than a genuine expense. It matters because it stops groups from stripping profit out as inflated royalties, fees or interest. Real substance and arm's-length pricing, backed by documentation, are what keep intercompany payments defensible.

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