None resident Estonian company

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nobrainer

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Jul 27, 2022
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Hello,

1. Does Estonian company owned by none resident that make online sales to none Estonian customers owe any taxes or is it like UK LLP?

2. what are the cons compared to UK LLP?

Thanks
 
The biggest difference is that Estonian OU is a company while UK LLP is a‌ partnership.

Estonian OU is always estonian resident while a LLK is resident where partners are‍ resident.

Estonian companies are taxed on their worldwide income so it doesn't matter if you⁠ don't sell to estonian customers and you aren't resident in Estonia, you will have to⁤ pay Estonian taxes.
 
Better is to compare⁠ apples to apples, e.g., Estonian LLP to UK LLP.
Estonia has 3 type of partnerships.⁤ General, Limited, and Contract for partnership.
(GP and LLP are separate legal entities and Estonian⁣ tax residents, the contract for partnership is not).

The benefit of Estonian LLP is that⁢ it's a separate legal entity, and you don't need to submit annual reports under certain︀ circumstances, and you can easily convert it to LLC.
 
Thanks for the reply.
But is it⁣ true that you are only taxed when when send dividends to yourself? If you don't⁢ take out funds or re invest them no tax will be paid?

Thanks as well for your reply.
Anyone on this forum can be recommended with UK︅ LLP formation + annual submitting / reporting of whatever is required?
 
Correct. Also salaries are tax exempt for non resident individuals‌ so depending on your tax residency Estonian OU could used as tax free vehicle.
 
Can salaries‍ be paid out to non-residents in the form of cryptocurrency/stablecoins (e.g. USDC)?

What is the⁠ procedure for paying out a salary the regular way (in EUR, via SEPA bank transfer)⁤ to a non-resident? Is it necessary to "register" the employee first in some government database⁣ (social security system?) or can one simply transfer the funds to the employee's bank account?⁢
 
If you want to pay your-shelf as a⁣ Self-employed. Nothing to do. Just send the money with "Salary" description. For the other payments⁢ for the your workers, just create a Freelancer/contractor agreement and get an invoice from them︀ and payout.

I think you can, but I did not use︂ it. But the best way is payout via a bank transfer.
 
yes, it's a common practice by the likes⁣ of Binance, etc.
Nonresident employees don't need to be registered.
 
yes, an estimation of around ~20k+ companies are doing this
you will need an employment contract. Please note that it is likely that your Estonian company⁤ would have to register as a foreign employer and start paying payroll taxes in the⁣ country where you are based.
 
sounds like a dream.. Any links on an Estonian law that makes those exemptions⁤ to non-residents? If one is paying a salary then it is official and the one⁣ who is getting paid should be indicated with the EMTA ( Tax and Customs Board).⁢ You make a transfer from the corporate account with a description "salary" and the tax︀ should be paid for that amount on a later stages
it is like everywhere else: all invoices for incoming transactions and︃ all invoices for outgoing transactions + monthly statements from the bank accounts
 
Is anyone checking this from the Estonian side?

Of course there's a catch⁣ 🙄 Can this be avoided somehow? Can we decide not to pay out any dividends/directors' fees⁢ and pay out a salary instead?
 
If you pay only salary to⁠ yourself as an employee (1 man company) you have the exposure that salary could be⁤ requalified from Estonian side + your fully exposed to PE based on PoEM in your⁣ residency country.
You can outsource the management to a lawyer/csp for a small fee to⁢ mitigate this.
Its also about how exactly you structure the agreement.
 
There's no⁠ case law regarding place of effective management in my home country (EU) and a ton⁤ of people (incl. those linked to the government) operate companies abroad without substance so I'm⁣ not worried about it at the moment. It's basically like Cyprus.

In my case, the⁢ Estonian OU would simply serve as a personal holding company for investing into ETFs and︀ publicly listed stocks, via IBKR or some other brokerage.

I'd also like to reinvest all︁ dividends except in some very rare cases where I'd like to pay them out via︂ salary, in USDC, without reporting them to my home country if possible.

I could do that︃ I guess. How much would this cost approximately? How risky would all this be (from︄ the Estonian side)?
 
"have the exposure that salary could be requalified⁣ from Estonian side"

Didn't get this part... so its taxable in Estonia to receive such⁢ salary?
 
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