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United States - Turkey tax treaty

A practical treaty page built around the official treaty text, key withholding categories, permanent-establishment rules, and article-level summaries.

Signed

1996-03-28

Effective

1998-01-01

Articles seeded

6

Withholding snapshot

Dividends

Individual rate: 20% · Corporate rate: 15%

The 15 percent corporate rate generally depends on direct ownership of at least 10 percent of the voting stock of the dividend payer. Higher domestic-law rates may apply outside qualifying cases, and article-level review is required.

Interest

Rate: 15%

IRS Treaty Table 1 reflects a general 15 percent rate, with a 10 percent rate available in certain cases for interest paid on loans with maturities over two years. Government-source and other carve-outs may also apply subject to article-level review.

Royalties

Rate: 10%

The treaty applies a general 10 percent rate to most royalty categories, with a reduced 5 percent rate for certain copyright royalties in qualifying cases. Article text and protocol updates still control.

Permanent establishment

Construction threshold: more than 6 months

Dependent-agent analysis remains important where a person habitually exercises authority to conclude contracts on behalf of the enterprise under the treaty wording.

Other treaty flags

Pensions: split
Protocols: None seeded
Exchange of information: Yes
Student article: Yes
Teacher article: No

Pension treatment is article-specific and split between residence and source taxation depending on the type of pension. Government-service pensions follow distinct rules.

Seeded article summaries

Article 4

Residence

Defines treaty residence and is the starting point for any claim to reduced withholding or treaty protection.

The residence article matters particularly for dual-resident fact patterns where both U.S. and Turkish domestic rules attempt to claim the same taxpayer. Tie-breaker analysis under this article frequently controls the outcome.

Article 5

Permanent Establishment

Sets the business-presence threshold that permits source-country taxation of business profits.

The Turkey treaty generally includes a six-month threshold for construction and installation projects, which is shorter than many OECD-style treaties. Service-PE and dependent-agent analysis remain article-driven and fact-specific.

Article 7

Business Profits

Generally reserves business profits to the residence state unless a permanent establishment exists in the other state.

This is the operating rule for cross-border consultants and operating companies once the PE analysis is complete. It generally prevents source-country tax on ordinary business profits when the PE threshold has not been crossed.

Article 10

Dividends

Provides treaty limits on source-country dividend withholding in qualifying cases.

The treaty table's 15 percent and 20 percent rates are the quick snapshot, but the article wording controls. Founders, holding companies, and U.S.-Turkish joint ventures should not rely solely on the table without protocol and article review.

Article 11

Interest

Provides limited reduction of source-country withholding on qualifying interest.

Unlike many U.S. treaties, the Turkey treaty does not eliminate interest withholding outright and instead applies a 10-15 percent rate range depending on the loan profile. Beneficial ownership and documentation drive the practical analysis.

Article 12

Royalties

Limits source-country withholding on qualifying royalties.

The royalty article applies a general 10 percent ceiling, with a reduced 5 percent rate available for certain copyright royalties. Software, patent, and know-how categorization can materially affect the outcome.

Official text

Other treaties involving these jurisdictions

Computed from the cross-reference graph. Links open the related entity on this site.

Primary sources

Important disclaimer

This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.