Despite a significant amount of pan-Baltic trade, tax policy diverges somewhat across Estonia, Lithuania and Latvia. Though many firms operate in all three jurisdictions, the same rules do not apply in each.Legislative changes in Estonia are expected ...
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Despite a significant amount of pan-Baltic trade, tax policy diverges somewhat across Estonia, Lithuania and Latvia. Though many firms operate in all three jurisdictions, the same rules do not apply in each.
Legislative changes in Estonia are expected to have an impact on inbound investment this year. The most prominent of these is the change in taxation of permanent establishments (PE) in the Income Tax Act 2011. Tax advisers suggest this may discourage investment through PEs in Estonia.
Profit earned by PEs is to be taxed at the point profit is either distributed from the entity or leaves Estonia. This changes the previous position where only the value of property removed from the PE that was more than the value of property brought in was subject to tax. There have also been minor changes to transfer pricing rules. The definition of 'associated persons' has been altered to include entities with a common economic interest and any situation where one entity controls another.
Transfer pricing has also been a focus in Lithuania where rules and documentation requirements will be effective from January 1 2012. The rules will apply broadly since all companies with turnover of more than Lt. 1 million ($407,000) will need to meet documentation requirements. Practitioners do not expect inbound investments to be adversely affected, but comment that multinationals in Lithuania will need to be aware of the requirements. In Latvia the tax authorities have been particularly aggressive recently , with, for example, the narrow interpretation adopted for VAT and customs regulations creating uncertainty in the marketplace. Despite this, there has been a resurgence of investment in real estate. This has provided a new wave of work for tax lawyers as investors seek new projects or restructure transactions put on hold due to unfavourable conditions last year.
Practitioners have noted that there is much more activity in general across the Baltic states than in the previous 12 months and are optimistic about the outlook for next year.
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