Estonia has implemented the EU Anti-Tax Avoidance Directives (ATAD I and ATAD II). The principal corporate anti-avoidance measures include a general anti-abuse rule, an interest limitation rule, controlled foreign company rules, hybrid mismatch rules and exit taxation.
General anti-abuse rule
A transaction may be disregarded for tax purposes if it is carried out mainly to obtain a tax advantage and does not have sufficient commercial substance. In such case, taxation is determined based on the transaction’s actual economic substance rather than its legal form.
Interest limitation
Estonia does not have traditional debt-to-equity thin capitalization rules. However, due to the transposition of ATAD, Estonia applies an interest limitation rule that functions as a corporate income tax on surplus (exceeding) borrowing costs. Excess borrowing costs are subject to corporate income tax if they exceed both:
- EUR 3 million, and
- 30% of EBITDA for the financial year.
The amount exceeding those limits is taxable to the extent that exceeds the company’s loss for the financial year.
Controlled foreign companies
A resident company may be taxed on profits of a controlled foreign company (CFC) where those profits arise from non-genuine arrangements set up mainly to obtain a tax advantage.
A foreign company is controlled where the Estonian company, alone or together with associated enterprises, holds more than 50% of the voting rights, capital or rights to profits. The rules also apply to foreign permanent establishments.
The rule does not apply where the CFC's profit does not exceed EUR 750 000 and its specified non-trading and financial income does not exceed EUR 75 000.
Hybrid mismatches
Estonia has implemented the ATAD II hybrid mismatch rules. These rules apply where differences in the tax treatment of an entity, financial instrument or payment between jurisdictions result in a double deduction or a deduction without corresponding taxation.
Depending on the circumstances, Estonia may tax the mismatch or deny tax exemption on mismatch.
Exit tax
Estonia does not have a general exit tax outside the rules implementing ATAD I.
Under the ATAD exit tax rules, where assets are transferred out of the Estonian taxing jurisdiction, the difference between the market value and the carrying amount of the transferred assets at the time of the transfer is taxed with corporate income tax. The rules may apply to specified transfers of assets between an Estonian head office and a foreign permanent establishment.