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Resident 1 A natural person is a resident if his or her place of residence is in Estonia or if he or she stays in Estonia for at least days over the course of a period of 12 consecutive calendar months.
A person shall be deemed to be a resident as of the date of his or her arrival in Estonia. Estonian diplomats who are in foreign service are also residents.
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A resident natural person shall pay income tax on all income derived by him or her in Estonia and outside Estonia, regardless of whether the income is listed in §§ 13—22 or not. European public limited companies SE and European associations SCE whose registered office is registered in Estonia are also residents.
A resident legal person shall pay income tax on the objects of taxation prescribed in §§ 48—52 1 and withhold income tax from payments listed in § The provisions concerning non-residents apply also to a foreign association of persons or pool of assets excluding contractual investment fund without the status of a legal person, which pursuant to the law of the state of the incorporation or establishment thereof is regarded as a legal person for income tax purposes.
A non-resident shall pay income tax pursuant to the provisions of § 29 only on income derived from Estonian sources.
Unless otherwise provided for in this Act, the income of a non-resident legal person shall be declared and income tax shall be imposed, withheld and paid pursuant to the FIRS-i salvide tootlemine conditions and procedure as in the case of a non-resident natural person. A non-resident natural person who has a permanent establishment in Estonia shall pay income tax pursuant to the procedure provided for in § Subsection 3 does not apply to taxation of income derived by such non-residents through their permanent establishments.
Permanent establishment 1 Permanent establishment means a business entity through which the permanent economic activity of a non-resident is carried out in Estonia.
Associated persons 1 Persons are deemed to be associated if they have common economic interests or if one person has dominant influence over the other.
Management or controlling body of legal person 1 A management or controlling body of a legal person is any authorised body or person who, pursuant to an Act governing the legal person, a partnership agreement, the articles of association or any other legislation regulating the activities of the legal person, has the right to participate in managing the activities of the legal person or in controlling the activities of the FIRS-i salvide tootlemine body of the legal person.
Directors of branches of foreign companies and managers of other permanent establishments of non-residents are also deemed to be management bodies.
Low tax rate territory 1 A low tax rate territory is a foreign state or a territory with an independent tax jurisdiction in a foreign state, which does not impose a tax on the profits earned or distributed by a legal person or where such tax is less than one-third of the income tax which a natural person who is an Estonian resident would, pursuant to this Act, have to pay on a similar amount of business income, without taking into account the deductions allowed under Chapter 4.
If taxes imposed on the income earned or distributed by different types of legal persons differ, a territory is deemed to be a low tax rate territory only with regard to legal persons in the case of whom the tax meets the conditions for low tax rate territories specified in the first sentence of this subsection.
List of non-profit associations, foundations and religious associations benefiting from income tax incentives [RT I, The requirement specified Kondis tagasi haige clause 2 4 does not apply to religious associations established in Estonia and religious associations established in another Contracting State of the EEA Agreement hereinafter Contracting State which comply with § 27 of the Churches and Congregations Act.
An association is deemed FIRS-i salvide tootlemine be a political association if it is a political party or election coalition or if the main objective or the principal activity of the association is organising campaigns or collecting donations for or against a political party or election coalition or a person running for an elected or appointed office for the performance of public duties.
The Tax and Customs Board FIRS-i salvide tootlemine inform the association of a resolution to enter in the list, to deny entry in the list or to delete the association from the list within 30 days of the submission of the application.
The association shall be entered in the list or shall be deleted from the list on the first day of the calendar month following the adoption of the resolution.