Tax residency is different from the Estonian e-residency

Estonia has developed the e-resident digi-ID which will give foreigners the ability to apply for secure e-credentials in Estonia.
You can find more information about e-residency from here.

We would like to mention that e-residency is not the same as residency for taxation purposes.

E-residency does not have any direct influence on the tax residency. Being an Estonian e-resident does not mean that you become the Estonian tax resident.

An individual is a tax resident in Estonia if

  • his or her place of residence is in Estonia or
  • he or she stays in Estonia for at least 183 days over the course of a period of 12 consecutive calendar months.

It is enough of only one of the abovementioned conditions to be a tax resident in Estonia (§ 6 (1) of the Estonian Income Tax Act).

A legal person is a tax resident if it is established pursuant to Estonian law (§ 6 (2) of the Estonian Income Tax Act).

If a person is regarded to be an Estonian tax resident, it should also be taken into account whether the same person is a tax resident of any other country under the law of the foreign country.

In such case the tax residency in Estonia will depend upon the tax treaty between Estonia and the foreign country.

If these conditions of tax residency are not met, an individual or a legal person is not regarded to be an Estonian tax resident, even if the natural person has e-residency in Estonia.

Basically, e-residency enables to use different e-services Estonia has, including the submission of a tax return via the internet if there is such an obligation, but it does not change the tax residency for tax purposes.

If e-resident has established the Estonian company, the latter is regarded to be the Estonian resident. The profit of the Estonian resident company derived from all countries is taxable in Estonia, but in Estonia the profit is taxable at the moment of payment out, for example as dividends. Still, double taxation is avoided, which means if the actual activity of the Estonian resident company is only in foreign countries, the profit paid out as dividends in Estonia from profit taxable abroad, may be exempted in Estonia.

If dividends are paid to the e-resident owner of the Estonian resident company, there will be no income tax withheld on dividend income of the recipient. Only the Estonian company pays corporate income tax at the moment of dividend payment. E-resident natural person has to pay income tax on dividends received from the Estonian company in their resident country and usually cannot take into account the corporate income tax paid in Estonia to avoid double taxation.

If e-resident natural person receives employment income from the Estonian resident company, form work done while staying in Estonia, the income will be taxable by employment taxes in Estonia. Resident country of a e-resident will also tax the same income, but the Estonian income tax shall usually be taken into account.  

 


 

17.02.2017