Category: Accountancy

Legal Services to Secure your Estonian Company

[vc_row el_class=”padding”][vc_column][vc_column_text]Legal services to secure your Estonian company

Estonian law requires entrepreneurs to comply with local legal requirements when doing business there. In order to avoid legal issues in the future, every aspect of Estonian legislation needs to be followed in order for a company to operate legally.

Starting a business in Estonia is the most advantageous option. It is easy, convenient, and affordable for entrepreneurs to establish a company in Estonia due to the advantages it offers. Despite this, company formation is still a legal procedure and involves several legal and business aspects subsequent to the formation of a company and the ongoing management of the company.

In addition, receiving professional support when starting your business ensures legal reliability and, in turn, trustworthiness, which is crucial for a new business. The importance of maintaining a company’s reputation from the moment it is founded cannot be overstated. Complying with Estonian legislation from the outset will improve your company’s chances for literate management.

In the event that an incompetent decision is made, you will avoid unnecessary expenses and save time by consulting a lawyer before taking any action. You will also be able to learn about the new opportunities and prospects of the situation by involving a lawyer in preparation of the next step.

Getting detailed information regarding various legal aspects current in Estonia will be a pleasure for the professionals at LKS Consult OÜ .

We consider it essential that LKS Consult OÜ provides qualified assistance in a wide range of legal areas –  legal opinion, legal advice, document drafting and other services that can simplify business activities.

LEGAL OPINION

In the future, you can avoid costly litigation if you seek a legal opinion to clarify your legal rights. The involvement of a foreign lawyer or attorney is necessary when dealing with foreign counterparties when issues from multiple jurisdictions are being raised at the same time.

A legal opinion should be ordered with a clear understanding of its purpose:

  • The agreement has legal implications, so it is important to familiarize yourself with them
  • If you want your arguments to be legally supported,
  • A legal risk assessment can be conducted in order to learn more about it
  • Your plan to comply with the Regulator’s requirements must be shown to them
  • For the Client or Partner to accept your offer, you must convince them that it is legally binding
  • You will be able to protect your company in the future if you have this tool.

As a company, you may refer to a legal opinion during future business activities.

Legal opinions are required in the following cases:

  • If you want to know what permits/licenses you will need to start your business, click here
  • A transfer of intellectual property rights is an intellectual property transaction
  • Mergers and acquisitions that take place internationally
  • The launch of a cryptocurrency exchange is the first step in launching a cryptocurrency project.

LEGAL ADVICE

In addition to drafting legal documents  and agreements, providing advice on trade licenses, trademark registration, and more, we also provide assistance on Estonian company law issues.

Legal advice can be provided on:

DOCUMENT DRAFTING

In accordance with the Estonian legislation, LKS Consult OÃœ ‘s legal department can prepare documents specific to your business needs.

Documents have a significant impact on the way your company is managed, how profits are distributed, what rights shareholders have, and how company decisions are made. It is clear in your company’s documents what rights and obligations clients and partners have.

In order to determine the optimal solution, our lawyers will analyze the planned legal relations, consult with you and make an assessment. The Estonian Business Register can also be amended if necessary existing documents need to be adjusted.

We help draft the following documents:

  • Rules and regulations within the company
  • Charters of individual companies
  • An attorney-in-fact/a proxy text
  • Legal opinion

We offer legal services to companies outside of Estonia. International business requires legal support to be successful. In view of the fact that corporate law can vary from country to country, company owners should familiarize themselves with the legislation for each particular area of business before establishing a company.

Providing you with the best and most convenient way to experience Estonian legislation without sacrificing the quality of information is our promise.

Our goal is to meet the needs of your business by providing a customized approach to our clients. Aside from keeping up with changes in Estonian legislation, LKS Consult OÜ also offers its clients continuous support through all stages of business growth.[/vc_column_text][/vc_column][/vc_row]

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Profits of Commercial Banks in Estonia have Surpassed Pre-crisis Levels

[vc_row][vc_column][vc_column_text]The profits of commercial banks in Estonia have surpassed pre-crisis levels, mainly due to the growing volume of loans.

Banks’ lending portfolios are growing thanks to the increasing number of people who decide to undertake the long-planned purchase of residential property, as well as the growing volume of loans to commercial firms.

However, banks have enough funds on deposits to finance any type of loan, reported “The Current Chamber”.

“If last year there was a fear that credit losses might arise during the coronacrisis, then to date they have not been realized, and the profits of banks and leasing companies have remained relatively good.”, comments by Bank of Estonia economist Raido Kraavik.

The situation in Estonian credit institutions resembles climbing the stairs. Last summer, banking sector profits plummeted from €113 million to €66 million as a result of the crisis, but since then profits have been rising: $93 million in the last quarter after €100 million in the first quarter of the year.

However, profits in the second quarter exceeded last year’s level.

“Banks do well when they do well with customers, with the economy. It’s a very logical connection. During the coronary, when customers were anxious and waiting, banks were also quiet. And as customer demand grew, so did bank performance,” Coop Bank Chief Margus Rink explained.

“In the long run, the biggest risk for the bank is credit risk. The question is whether we are properly assessing the risks of the deals we are now making in a very competitive market, and whether the money will eventually come back to us,” he added.

Competition creates market entry for five relatively small banks along with two large Swedish banks. So far, it’s not very big, but people have started distributing to banks, doing calculations on one, and leasing and borrowing at another bank.

Nevertheless, there is still room in the Estonian banking sector to improve the terms and conditions of loans.

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Lowest Tax Rates in Europe

[vc_row][vc_column][vc_column_text]Lowest tax rates in EuropeThe Estonian taxation system is one of the most profitable in the world. It includes state and local taxes. A tax is a financial obligation that the law imposes on a taxpayer and is enforceable in the manner, amount and duration prescribed by law. The taxpayer is obliged to pay only the state and local taxes prescribed by law.

The Estonian tax system attracts foreign entrepreneurs, inter alia, by a tax rate on retained earnings equal to 0 per cent. However, as in everything, it is necessary to understand the specifics of the application as well as to have information about possible nuances.

The general rule is that the undistributed and reinvested profits of a company in Estonia are not taxable. In other words, no profit tax is paid when a company decides not to reinvest the profits rather than pay them as dividends.

If the Tax and Customs Department proves that any of the company’s transactions were conducted at prices far from the market (non-market pricing), the entrepreneur may have to pay a tax on the amount of lost profits or over-expenditures.

Rates

  • Income tax for a private person on retention rate — 20%.
  • The income tax rate of a legal entity applied to dividends of profits is 20/80. The income tax rate of a legal entity, which is applied to a regularly distributed profit dividend, is 14/86, and income tax is withheld at a rate of 7 per cent in addition to dividends paid to an individual.
  • The amount of income tax-free depends on the income received (up to EUR 500 per month and up to EUR 6,000 per year).
  • The social tax rate is 33%. The monthly rate on which the minimum social tax obligation is based is 584 euros; respectively, the minimum social tax duty is 192.72 euros per month.
  • Social tax is levied to obtain the income necessary for State pension and health insurance, from payments made in the context of an employment or service relationship, from payments made in favour of a member of the management or control body of a legal entity, Payments made under a contract of obligations concluded for the provision of services to an individual, as well as special benefits and income tax paid from that place. In such cases, the payer of the social tax is the person who makes the payment, and the tax period is the calendar month.
  • Unemployment insurance rates: 1.6 per cent for the worker and 0.8 per cent for the employer.
  • The compulsory cumulative pension payment rate is 2 per cent.
  • In calculating the December 2020 payroll and other payments and calculating the taxes (payments) withheld, it should be borne in mind that taxes are calculated on a cash basis.

LKS Consult OÜ  provides legal advice on taxation and accounting services. Please contact us and we will be glad to help.[/vc_column_text][/vc_column][/vc_row]

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How to Start a Crypto Fund in Estonia

[vc_row][vc_column][vc_column_text]Crypto FundAn alternative investment fund is a legal entity or a pool of assets that includes the capital of several investors for the purpose of investing it in accordance with a specific investment policy of the fund in the interests of the respective investors and their common interests.

Cryptocurrency funds are investment funds that invest their money entirely in cryptocurrencies or combine it with investments in other assets. Their goal is to maximize profits by managing their depositors’ coins or investing their funds in crypto-projects and primary coin supply.

A cryptocurrency investment fund consists of two legal entities:

Fund Manager – OÜ

The Fund Manager is a company which main and permanent activity is the management of one or more funds. The Fund Manager can manage a fund created or established in accordance with the Investment Funds Act. In order to work as a Fund Manager, a person must be licensed to operate and register their activities with the Money Laundering Data Unit (FIU) with the provisions of Part 5 of the Investment Funds Act.

It is required to obtain a license to operate as a fund manager in a management company. Fund managers who want to manage euro funds and large-scale alternative investment funds also need to obtain a license.

In the case of a small fund, a fund manager should apply for an operating licence as a small fund manager or register its activities with the Estonian Financial Supervision Authority (EFSA). This kind of managers can only manage non-public investment funds, meaning their business is primarily aimed at professional investors.

If a management company of a small unlicensed fund does not wish to apply for a licence as a small fund manager, they have to register its activities with EFSA. EFSA’s supervision over registered unlicensed small fund managers is limited to the registration process and later data collection.

Limited Partnership Fund (LPF)

Participants of the Limited Partnership Fund are at least one full member (General Partner), which is the Fund Manager, and at least one investor (Limited Partner).

A Limited Partnership Fund is a foundation established as a Limited Partnership in accordance with the Investment Funds Act, and the provisions of the Commercial Code of the Republic of Estonia apply to its establishment, operation, and liquidation.

The Limited Partnership Fund can manage its property or enter into a Management Agreement with the Fund Manager. Only a Fund Manager who is licensed to operate under the Investment Funds Act can act as a Limited Manager of a Limited Partnership Fund or a General Partner of a Limited Partnership Fund that manages its own assets.

Registration process

There are no difficulties when creating a company that will serve as the legal framework for a cryptocurrency startup in Estonia. The registration process is similar to other company.

  • Registration of the alternative fund management company, the fund manager (AIFM). You can easily do it using your e-Resident card, or by the power of attorneys, or by a visit to Estonia
  • Registration of the fund’s management company with the Estonian Financial Supervisory Authority (EFSA)
  • The license from the Financial Intelligence Unit (FIU), which usually takes up to 60 days
  • Registration of the fund. Once you succeeded with the first step, this process takes up to 5 days.

Crypto-licence

New amendments to the Money Laundering and Terrorist Financing Prevention Act that entered into force on March 10, 2020 make it possible to apply for a single cryptocurrency license and provide services for both storage and exchange of cryptocurrency.

The state fee for submitting an application is 3,300 EUR. Application must include the contact details of every referred individual as well as the address of the future website/platform.

The issuance of a cryptocurrency exchange license is possible only when future company comply with the following conditions:

  • Registration on the territory of Estonia
  • Location of the Board and place of business must be in Estonia
  • Company’s minimum share capital must be not less than 12,000 EUR
  • Active bank account in a financial institution registered in Estonia
  • KYC/AML officers required to undergo an interview with the FIU

No sooner than all requirements are satisfied, a cryptocurrency license will be issued for a timeless period within 60 working days.

 

LKS Consult OÜ provides assistance in registering alternative investment funds in Estonia. We accompany and assist our clients in managing investment and financial structures starting from idea discussion and until the project’s launch.

A team of experts from LKS Consult OÜ will accompany your project through all the necessary procedures in the preparation of documents and obtaining the legal permission from the authorities to launch your crypto-business. Our team will be pleased to advise on tax-related issues in Estonia and provide accounting services. [/vc_column_text][/vc_column][/vc_row]

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Taxes in Estonia (2021)

[vc_row][vc_column][vc_column_text]Taxes in EstoniaEstonia is one of the smallest member States of the European Union, with a population of just over 1.3 million in 2021. However, in terms of average wages and the quality of life in general, Estonian citizens are ahead not only of their nearest neighbours – Latvia and Lithuania – but also of larger European countries, such as Poland and the Czech Republic. The economy of Estonia is stable and dynamic, and the real pride of the State is considered to be the sphere of information technologies.

Minimum wage

According to the Estonian Statistical Office, the minimum wage in Estonia in 2021 is EUR 584 per month (EUR 3.48 per hour). Compared to last year, the bet did not change. This indicator is regulated by the local law «On Employment Contracts», according to which in case of full-time employment in Estonia, every employee, including foreigners, is guaranteed a wage at least equal to the minimum level.

Pension rate

Pension tax rates will change from 2021 As of 1 January 2021, Stage II pension will be excluded from the calculation of annual, non-taxable income. No income tax applied A lifetime pension is not subject to income tax. A fixed-term pension is exempt from income tax if the recommended duration or longer period is chosen. Regardless of the method of payment, your pension will not be taxed if your disability is officially established.

Tax rate 10%

Pensions with a duration shorter than the recommended, lump-sum pension at retirement age, and if less than five years remain before retirement age, are subject to income tax. The tax rate in this case is 10 per cent.

20% tax rate (from 2021)

If a saving pension is withdrawn earlier than 5 years before reaching retirement age, its payment will be subject to income tax of 20 per cent.

Tax rates

  • Income tax on retention rate — 20%.
  • The income tax rate of a legal entity applied to dividends of profits is 20/80. The income tax rate of a legal entity, which is applied to a regularly distributed profit dividend, is 14/86, and income tax is withheld at a rate of 7 per cent in addition to dividends paid to an individual.
  • The amount of income tax-free depends on the income received (up to EUR 500 per month and up to EUR 6,000 per year).
  • The social tax rate is 33%. The monthly rate on which the minimum social tax obligation is based is 584 euros; respectively, the minimum social tax duty is 192.72 euros per month.
  • Social tax is levied to obtain the income necessary for State pension and health insurance, from payments made in the context of an employment or service relationship, from payments made in favour of a member of the management or control body of a legal entity, Payments made under a contract of obligations concluded for the provision of services to an individual, as well as special benefits and income tax paid from that place. In such cases, the payer of the social tax is the person who makes the payment, and the tax period is the calendar month.
  • Unemployment insurance rates: 1.6 per cent for the worker and 0.8 per cent for the employer.
  • The compulsory cumulative pension payment rate is 2 per cent.
  • In calculating the December 2020 payroll and other payments and calculating the taxes (payments) accrued/withheld, it should be borne in mind that taxes are calculated on a cash basis.

Read more here.

LKS Consult OÜ provides accounting services and legal advice on taxation. Please contact us and present your enquiry on taxation.[/vc_column_text][/vc_column][/vc_row]

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Lowest Taxes in Europe

[vc_row][vc_column][vc_column_text el_class=”padding”]Estonia - Lowest Taxes in EuropeWhen choosing the appropriate jurisdiction, it is worth considering each specific situation: the type of activity of the company, its organizational and legal form, the purpose of the owner, the desire or unwillingness to become a resident of the country and much more:

  • Amount of authorized capital at company registration
  • Corporate tax rate and special profit allocation conditions
  • Conditions for residents and non-residents
  • Protection of company assets
  • Foreign exchange risks
  • Taxation for natural persons

Estonia is well known for the friendly attitude of officials towards business and developed digital infrastructure. Almost all business processes can be controlled online – register a company, file reports, ask questions to public services, etc. It also attracts moderate prices for business support.

Taxes in Estonia are administered by the Estonian Board of Taxes and Customs. A large proportion of tax returns are available via the Internet.

Main tax advantages:

  • There is no tax on retained earnings.
  • Profit tax is paid only when a company decides to distribute dividends to its owners Corporate tax rate on allocated profits is 20% (14% may be applied in some cases since 2020)
  • The VAT rate for certain goods and services is 0% and 9%.
  • Standard VAT rate is 20%
  • Double taxation treaties with 60 countries worldwide, including Belarus and Ukraine.

Tax system

The Estonian tax system consists of state and local taxes:

State taxes are income tax, social tax, land tax, heavy vehicle tax, sales tax, customs duty, gambling tax, excise tax and enterprise income tax. The Government Revenue Manager is the Tax and Customs Department, which ensures that taxes are paid into the State budget.

Local taxes include advertising tax, road and street closure tax, vehicle tax, entertainment tax and parking fees. In addition, part of the tax on personal income as well as the land tax are paid into the budget of local governments.

Simplicity

Simplicity of the tax system plays a very important role in tax collection and the confidence of taxpayers. In comparison with other European Union countries, Estonia has always been positively identified in this respect. We have mostly uniform tax rates and fewer differences. This means that tax obligations are easily understood and respected.

A simpler tax system also means lower tax collection costs. Thanks to a simple system and electronic service, Estonia needs only 37 EUR cents to collect tax revenues of 100 EUR, which is one of the best results among developed countries. All people enjoy the benefits of society, but when taxes are no longer paid, the State is under-resourced and these benefits become unavailable.

The specialists of LKS Consult OÜ will be happy to assist you with company registration and accounting services.[/vc_column_text][/vc_column][/vc_row]

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Dividend Tax in Estonia

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According to article 50, part 1, of the Income Tax Act (hereinafter referred to as the Income Tax Act), resident business associations (including full and limited partnerships) pay income tax on profits distributed as dividends or other contributions from profits, Payment in cash or in kind, subject to the provisions of article 501. Income tax is not levied on income which is allocated on the basis of a stock issue. Since 1 January 2019, a lower tax rate of 14 per cent or 14/86 of the net amount of dividends has been applied to regular dividends under article 4, part 5, and article 501, of the Act. Thus, a resident business association may apply a lower tax rate of 14/86 and a normal 20/80 for dividend taxation.

Divident Tax in EstoniaA dividend is a payment made pursuant to a decision of the competent authority of a legal entity with a net profit or with an undistributed profit for the preceding business years, based on the share of the beneficiary in a legal person (ownership of shares or shares, participation in a full or limited partnership, or membership in a commercial cooperative or other forms of participation in accordance with the laws of the country of the place of business).

The new dividend tax system in Estonia has been in force since January 2018, but it can only be partially implemented since 2019, with the proviso that dividends were paid in 2018. Estonia now has two income tax rates – 14 per cent and 20 per cent (in practice 14/86 and 20/80) to tax dividends.

Commercial associations pay tax at 20/80 on profit distribution or dividend.

According to the Estonian legislation, a resident business association may apply a lower tax rate of 14/86:

  1. 1/3 of the allocated profits in 2018 with which the resident business association paid income tax;
  2. 1/3 of the allocated profits in 2018 and 2019 with which the resident business association paid income tax.

2021

Commercial association may, for the fourth year, levy a lower tax rate of 14/86 dividend payments equal to the average of taxable dividends and equity for the three preceding calendar years.

Natural person

If a person is paid a dividend at a lower tax rate, 7 per cent of the income tax should be additionally deducted. Income tax is deductible from dividends paid to an individual, both resident and non-resident.

How to declare

The resident commercial association declares in Annex 7 of Form TSD and in Form INF 1 dividend payments, both at the lower tax rate and at the normal rate.

In the e-MTA environment there is in Annex 7 of Form TSD «Calculation of the Distributed Profit for Application of a Lower Tax Rate», where the commercial association is displayed at the moment:

  • In the previous year, dividends paid and equity payments (profit-sharing) from which the business association paid income tax
  • Profits for which a lower tax rate is applied
  • In a calendar year, distributed profits with a lower tax rate
  • Profit, which can be distributed in a calendar year with a lower tax rate

The amount of the dividend – the income of the individual and the withheld income tax on dividends – is declared in form INF 1. The form INF 1 under code 13050 has the form of MDK – dividends stamped at a lower tax rate, and still the type of DK payment – dividends, covered at the usual rate. The gross amount of dividends – the income of a natural person with the form of payment «MDK» is declared in the form INF 1 under the code 13060, the rate of withheld income tax under the code 13073 and withheld income tax under the code 13074.

If an individual is paid a dividend at a lower tax rate, or if the dividend continues to be paid to an individual from the received dividend at a lower tax rate, the income tax is usually withheld at 7%, but, in the case of a non-resident natural person, the tax treaty and the residence certificate may reduce the withholding income tax rate (respectively 0 per cent or 5 per cent).

Important things to consider:

  • The authorized capital must be paid
  • Dividends cannot be paid until the authorized capital has been paid.  If dividends are paid from the net profit of a financial year, a report for the financial year must be submitted and approved.

LKS Consult OÜ provides accounting services and legal advice on taxation. Please contact us, and we will be glad to help.

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Corporate Tax in Estonia

[vc_row][vc_column][vc_column_text]Corporate Tax in EstoniaIn most countries tax system is designed so that the state budget is replenished, to a large extent, by tax revenues. In Estonia, about 80 per cent of the state’s income is taxed. The central taxes are corporate tax in Estonia, personal income tax, social tax, VAT, various excise taxes, etc.

Estonia offers one of the world’s most favourable tax systems for startups and small businesses.

In Estonia, income tax is 0%, which means there is no need to pay corporate tax on income earned. Instead, corporate taxes are paid distributing company profits — for example, when paying out dividends to shareholders — or other taxable payments.

Estonia’s corporate income tax is paid only after dividends (interest, royalties, etc.) have been distributed. That is, all retained profits of the company are exempt from tax. The tax is deferred until the profit is considered as distributed. After distribution, profits are taxed at 20% of the net amount.

It is worth noting that since 2018 the income tax for enterprises in Estonia is reduced to 14%. This applies to companies that regularly distribute profits. Payment of dividends in Estonia in an amount that is less than or equal to the number of taxable dividends paid during the previous three years will be taxed at a rate of 14%. If the average is exceeded, the tax will be 20%. If the beneficiary of the dividend is a natural resident or non-resident, the rate is 7 per cent.

Some domestic and foreign taxes may be applied to corporate income tax under domestic laws or double taxation agreements. Some distributions are exempt from such a tax:

  • Dividends obtained from Estonian, EU, EEA or Swiss tax resident companies in which the Estonian company owns at least 10% of the shares;
  • Profits obtained through a permanent establishment in the EU, the EEA or Switzerland; Profits earned through foreign missions in all other countries, provided that such profits are taxed in the country of the mission;
  • Dividends obtained from all other foreign companies in which the Estonian company owns at least 10 per cent of the shares, provided that the main profits were subject to foreign tax or the foreign income tax was withheld from the dividends received; Liquidation proceedings, repurchase of shares or reduction of capital, which are taxable by the distributor of such proceeds;
  • Dividends paid by Estonian companies to non-resident legal entities (including companies with «low tax jurisdictions»).

Lawyers and accountants of LKS Consult OÜ can advise you on various legal issues. Our team will be pleased to advise on tax-related issues in Estonia and provide accounting services. Please do not hesitate to contact us, and it will be our pleasure to help you.

The legal department of the LKS Consult OÜ can develop a package of documents within the framework of Estonian legislation according to the needs and specifics of your business.

The contents of the documents affect how your company will be managed, how its profits will be distributed, what rights the company owners share, and how decisions will be made in the company. The rights and obligations of clients and partners of your company are clearly defined in the documents.[/vc_column_text][/vc_column][/vc_row]

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Capital Gains Tax in Estonia

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Taxation of income from financial assets derived from an investment account.

Capital Gains Tax in EstoniaAn investment account allows the reinvestment of the profit or income derived from a financial asset without the payment of income tax and the deferral of the tax liability for the payment of income tax on income derived from financial property.

An investment account is a regular cash account maintained with a credit institution resident in a State member of the Organization for Economic Cooperation and Development (OECD) or in a fixed place of business of a credit institution located in an OECD State.

The investment account for deferment of tax obligations can only be used by a resident of Estonia. The income from the financial assets of a non-resident is taxed in the country of residence. Thus, if the user of an investment account becomes a non-resident of Estonia, it is necessary to mark the closure of the investment account in the income declaration, pay the income tax obligation arising in Estonia, and further transactions in financial assets must be declared in the new State of residence.

A natural person may have one or more investment accounts. In order to defer the income tax obligation, transactions in financial assets should be conducted through an investment account.

Financial assets include, for example, publicly offered securities, shares and shares of an investment fund, bank deposits/deposits and contributions made under an investment risk life insurance policy.

Financial assets do not include contributory pension funds and pension fund shares, life insurance contracts, participation in non-listed business entities, money issued under loan agreements, derivatives, non-financial asset-based investments, investments in foreign currency, as well as real estate and precious metals.

Investment account and acquisition of financial assets

Local authorities establish the general rule that in order to defer a tax obligation, financial assets must be acquired from the money in the investment account, and the money received from the sale of the financial assets or the income derived from the financial assets should be transferred immediately to the investment account. This is also the case when an investment company (brokerage firm) is used for investment.

It provides an exception to the general rule that, in certain cases, financial assets that have not been purchased with money in the investment account may be included in the investment account system. The purpose of the exclusion is to prevent a person from being forced to use a system of ordinary and investment accounts at the same time, because of the content of the transaction to acquire financial assets, he or she cannot comply with the general rule.

An example is the acquisition of a financial asset by inheritance, gift, liquidation or option of participation, which is not a contract of sale, and a person is unable to pay for the transaction without changing the content of the transaction. The exception provides that, in order to defer the income tax obligation arising from income derived from financial assets that could not be purchased for money due to the content of the transaction, The value of the acquisition of the financial asset should be included in the income declaration as a contribution to the investment account.

Investment account and currency conversion

Currency is not included in the definition of a financial asset and cannot be invested from an investment account. However, a portion of the financial assets can only be purchased in a currency other than the euro. Hence, the acquisition of a currency other than the euro from the investment account is sometimes unavoidable and is not made for the purpose of investing in currency According to this provision, a person has the right to convert currency provided that the currency sold is in an investment account and the currency purchased is immediately transferred to an investment account.

Investment account declaration

Investment account data and income from financial assets are declared in schedule 6.5 of the resident individual’s income statement (hereinafter, the income statement). Only contributions made to the investment account (cash account) and payments made from that investment account are declared in the income declaration. If the payments exceed the contributions, then the income tax obligation arises.

In general, only:

  • Money deposited in an investment account (money account)
  • Withdrawals from the investment account (cash account).

As a contribution to the investment account, table 6.5 should also declare:

  • Cash balance in the account when opening an investment account;
  • Dividends on financial assets received from abroad and taxed by income;
  • Interest on financial assets received from abroad and subject to income tax;
  • Dividends on financial assets received in Estonia and taxed in Estonia;
  • Dividends on financial assets received in Estonia and taxed in Estonia.

LKS Consult OÃœ provides legal advice on taxation in Estonia as well as accounting services. Don’t hesitate to get in touch with us and present your enquiry.[/vc_column_text][/vc_column][/vc_row]

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Cryptocurrency Taxation in Estonia

[vc_row][vc_column][vc_column_text el_class=”padding”]cryptocurrency taxation Investing in cryptocurrency in Estonia is common by starting a crypto exchange. Cryptocurrencies in this country are strictly regulated. A license must first be obtained, a bank account opened, and other legal procedures followed regarding crypto exchanges or funds.

In Estonia, crypto activity can take place in two different ways. In the following section, you will find information on Estonia’s crypto taxes.

INVESTMENT IN CRYPTO EARNINGS BY PRIVATE PERSONS

An individual’s income can be generated in several ways, according to the Estonian Tax and Customs Board:

  • When buying, selling, or exchanging virtual currencies, the price of the currency may change
  • A virtual currency is mined
  • Cloud storage capacity is being rented out
  • The receipt of a virtual currency salary

Estonia treats income received from virtual currency investments as traditional cash income and taxes it accordingly. The purchase or sale price as well as any received income or cost must be converted into euros at the exchange rate of the virtual currency ruling the market at the time of receipt.

Exchanges, purchases, or sales

Cryptocurrency gains are subject to Estonian taxes.

It is important for individuals to declare their incomes if they generate income from purchasing cryptocurrency, selling cryptocurrency online, or exchanging cryptocurrency for another kind of money, where the difference between what they sold and bought is the income, or, if they exchange, the difference between the price of a property received and the price of the virtual currency purchased. Taxation of cryptocurrency gains in Estonia

Mining

Private individuals who mine cryptocurrency independently and do not pay income taxes must declare their cryptocurrency income as business income and pay taxes on it.

Furthermore, a sole proprietor mining virtual currency continuously must register himself in the Business register. Private individuals who are registered as sole proprietors may deduct business-related expenses from their income.

Cloud storage capacity can be rented

Rental income is used to declare gains from renting the storage capacity of a private person’s computer. The income from mining cryptocurrencies and renting out storage capacity is regulated by the government if it is a business activity.

Currency-based salaries

The market price of virtual currency must be converted into euros by employers before paying employee salaries in Estonia.

Value Added Tax

VAT is not charged on the exchange of virtual currency for traditional payment methods. Cryptocurrency transactions also do not require a VAT number to be registered.

TAXATION OF COMPANIES

Cryptocurrencies are not subject to any specific tax. The laws governing crypto businesses in Estonia are the same as those governing other types of businesses.

Among European Union countries, Estonian companies are taxed the most profitably.

In Estonia, corporate taxes are 0%. Dividends are taxed at 20 percent and profit distributions at 80 percent. Dividend payments are taxed at 25%. Dividend payments require a profit statement to be prepared by a member of the company’s Management Board.

VAT in Estonia is 20%. Upon exceeding 40,000 EUR in sales in Estonia in one calendar year, companies are required to register a VAT number. It is also possible for a company to register for VAT before reaching this threshold.

If your crypto company requires accounting services, LKS Consult OÜ will be happy to help. Additionally, we are able to provide information regarding cryptocurrency taxation in Lithuania upon request.[/vc_column_text][/vc_column][/vc_row]

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