Setup Estonia > Switzerland

[oceanonline]

Hello,

hope you can help me... Founded a Ltd in Estonia 4 years ago to operate tax-optimized asset management. 4 years ago I invested in Bitcoin through this company, which the gains I now want to partially realize. Now I have the problem that I have to pay 20% dividend tax in Estonia if I receive dividends from Estonia. As a part-time job, I have a sole proprietorship in Switzerland for asset management and consulting. Is there anyone who could help with his company to invoice my Estonian company in order to raise the capital through an invoice. And that I could then issue an invoice for consulting, investment research, etc. through my sole proprietorship in order to bring the capital into the sole proprietorship in Switzerland? The idea would be to do this once a month. Would be willing to pay a 2% yield for this. If someone could help me here, please contact me via private chat.

 

[Martin Everson]

Are you living in Switzerland and registered as an Einzelfirma your saying?

Switzerland has no CFC rules but does have general tax avoidance rules...so why you want to go via third-party invoicing I am not sure conf/(%.

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Please note my posts should not be taken as financial or tax advice. Please seek professional advice in that respect.

 

[oceanonline]

I am living in Switzerland. I own a registered Ltd. company in Estonia. I also own a sole proprietory firm in Switzerland. Paying a dividend out of Estonian company to its shareholder comes with a 20% dividend tax. In Switzerland I would pay an additional 15-20% personal income tax.

 

[Sols]

You can't just invoice away all the profits from the Estonian company. That's basic tax evasion and risks getting picked up by the authorities. You'll trigger BEPS (Base Erosion and Profit Shifting) regulations if you artificially decrease the company's tax liability. If the amounts are small, it might slip through the cracks, though.

Not sure what else there is to say. You formed a company in a country that levies 20% tax at distribution, and now it's distribution time. Pay up and learn for the future.

Depending on how you've run your business, you might be able to claim certain costs and expenses against the Estonian company to reduce your tax bill. An Estonian accountant should be able to help you, if there are any transactions like that.

You have another headache, though. If the Estonian company hasn't had any directors/staff in Estonia, it might be tax resident in Switzerland (by having its effective management in Switzerland) in addition to Estonia, in which case you would need to invoke the Estonia””Switzerland double tax treaty to avoid double taxation ”” if you want to do things entirely by the book. Heavily dependent on the actual amounts involved.

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This is the probably the answer to your question.

 

[oceanonline]

Thank you Solis.

We have our operation, staff and office in Estonia, we are conform to the double taxaction agreement.

Yes, I want to avoid tax evasion but still looking for a solution if there is any. At the same time many hours of my work and services are currently not considered in the Estonian company's expenses, which is why I might want to invoice my company in Estonia in the future. I am just not sure in what amount I can do this by my own. Not even thinking of invoicing away all profits...

 

[oceanonline]

Might there also be a different way to get funds out of Estonia?

 

[JustAnotherNomad]

I know this is an old thread, but whatever. Most countries (I am sure Switzerland is no exception) have very strict rules about the effective place of management. It is probably not enough to have some staff in Estonia if you're really managing the company from Switzerland.
As @Sols mentioned, it's likely that your Estonian company is really a Swiss company in the eyes of the tax authorities.
You can talk to a good Estonian tax lawyer regarding invoices, it might even be better to write an employment contract and pay a high salary - but then the company would likely have to pay Swiss social security contributions, which could put it even more on the radar of the Swiss authorities.
Be aware that if you contact a Swiss tax lawyer, they might even have to report you to the authorities.
You should have researched such things, before setting up a company in Estonia.

Your best option would probably be to move to a tax-free country or a country with territorial taxation and spend 183+ days there. Then, while you're actually living there, you pay out a salary or invoice the Estonian company.
The year after that, you move back to Switzerland. But even that is not a legal solution as your company is probably already taxable in Switzerland.

 

[SoNewToAllShit]

JustAnotherNomad said:
I know this is an old thread, but whatever. Most countries (I am sure Switzerland is no exception) have very strict rules about the effective place of management. It is probably not enough to have some staff in Estonia if you're really managing the company from Switzerland.
Click to expand...

using a law firm of some of these agency firms that can help establishing complete setups in Switzerland will let you do exact this. You just need to consider the setup costs about 10K EUR for such a setup so your privacy and tax matters, here I speak about personal tax.

I learned lot in the past year from this forum to not be stupid.

 

[burden]

Switzerland GmBH can be useful depending on the canton you set it up. I'm looking into Zug - but that requires at least 500K euro to make sense.