Fringe benefits

Who is an employer?

• a resident legal person
• a resident natural person
• a state or local government authority
• a non-resident who has a permanent establishment in Estonia
• a non-resident whose employees work in Estonia

Who is an employee?

• a person employed under an employment contract
• a public servant
• a member of the management or controlling body
• a natural person who sells goods to an employer during a period longer than six months
• a natural person who works or provides services on the basis of a contract for services, authorisation agreement or any other contract under the Law of Obligations Act
• the spouse, parent or child of a person specified above
• fringe benefits made by a person belonging to the same group with an employer are regarded to be benefits granted by the employer

Please note

Taxable fringe benefits include for example (the list is not final):

• full or partial covering of housing expenses
• payment of insurance premiums, unless such obligation is prescribed by law
• compensation for use of a private automobile in so far as it exceeds the limits established by the Income Tax Act.
  The maximum price of a fringe benefit for the use of an automobile of the employee free of charge or at a preferential price for activities not related to employment or service duties or to the employer's business, if records are maintained, is 0.30 euros per km, but maximum 335 euros per month for each employer.
• since 2018, the enabling of a use of a vehicle of the employer for activities not related to business. Taxes on fringe benefit are calculated according to engine power (kilowatt price). The special fare for a new passenger car is 1.96 euros per kW per month and passenger car over 5 years of age is 1.47 euros per kW per month.
• loans given with lower interest than the minimum rate (0% from 1 July 2016). The price of the fringe benefit shall be calculated as a difference between the interest of the minimum rate and the amount specified as interest according to the loan agreement.
• transfer free of charge or sale or exchange at a price lower than the market price, of a thing, security, proprietary right or service
• purchase of a thing, security, proprietary right or service at a price higher than the market price
• waiver of a monetary claim, unless the estimated reasonable costs of collecting the monetary claim exceed the claimed amount
• coverage of expenses relating to formal or informal education acquired in the adult education system except for the expenses relating to the employer´s business
• birthday presents (in spite of the cost)
• catering provided for the employees free of charge or at a preferential price
• coverage of expenses for the employees’ clothing unless such obligation is prescribed by law
• coverage of expenses incurred to transport employees between their residence and their place of employment unless it is impossible to make the journey using public transport with a reasonable expenditure of time and money, or if handicapped employees are unable to use public transport or if use of public transport would cause an essential decrease of the persons' ability to move or work
• employee´s study loan or interest on it covered by the employer
• penalties and fines paid for employees by the employer (parking fine)
• etc.

Exemption of fringe benefits from taxes

• coverage of expenses incurred to transport employees between their residence and their place of employment are not classified as fringe benefits if it is impossible to make the journey using public transport with a reasonable expenditure of time and money, or if handicapped employees are unable to use public transport or if use of public transport would cause an essential decrease of the persons' ability to move or work;
• compensation for the use of a private car upon business trips at the amount maximum 0.30  euros per km, but not exceeding 335 euros per month, if there is a written calculation about the journey, a decision or regulation by the employer, where personal data of the recipient, the amount of compensation and the purpose and date of the journey shall be indicated.
• The expenses relating to the formal education in connection with an employment or service relationship or with membership of the management or controlling body of a legal person or a permanent establishment of a non-resident legal person.