Estonia’s e-Residency program makes it possible to establish and run an EU-based company entirely online. But if you’re managing your Estonian company from another country, you may encounter a complex issue: dual tax residence.
Dual residence occurs when a company is considered a tax resident in more than one country at the same time. This can lead to confusion over where your company should pay taxes, how to report income, and which country has the right to tax your global earnings.
In this guide, we’ll explain what dual residence means, how it’s determined, and what steps you can take to avoid tax conflicts and stay compliant.
What is dual residence?
A company is typically considered a tax resident in the country where it is incorporated. For Estonian companies, that means Estonia. However, if the company’s place of effective management is located in another country, meaning key decisions are made there, it may also be considered a resident in that second country.
This situation creates dual residence, where two countries claim taxing rights over the same company.
Why it matters for e-Residents
If you’re an e-resident managing your Estonian company from abroad like Germany, Spain, or Turkey, you may unintentionally trigger dual residence. This can result in:
- Double taxation on the same income
- Conflicting reporting obligations
- Legal uncertainty about where your company is truly based
Fortunately, Estonia has signed double taxation agreements (DTAs) with over 60 countries to help resolve these conflicts.
How tax treaties resolve dual residence
Most bilateral tax treaties include tie-breaker rules to determine which country has the right to treat the company as a resident. These rules typically consider:
- Place of incorporation
- Place of effective management
- Location of board meetings
- Where key commercial decisions are made
If both countries claim residence, you may need to involve competent authorities, usually the national tax offices, to resolve the conflict through a mutual agreement procedure (MAP).
You can find Estonia’s full list of tax treaties on the Ministry of Finance website.
Country-specific examples
Here’s how dual residence and permanent establishment (PE) are treated in some key countries:
Germany tax residency
- A company is a tax resident if its place of incorporation or main place of management is in Germany.
- If you manage your Estonian company from Germany, consult the Estonia-Germany tax treaty to avoid dual residence.
United Kingdom dual tax residency
- Companies incorporated abroad may be considered UK residents if central management and control is in the UK.
- This includes board decisions, strategic planning, and financial oversight.
Spain tax residency
- A company is a Spanish tax resident if its head office is located in Spain or if business activities are managed and controlled from Spain.
- Regular activity through a Spanish agent may also create a permanent establishment.
Turkey tax residency
- If your Estonian company’s business headquarters are in Turkey, it may be considered a Turkish resident.
- Turkey’s domestic rules differ from OECD standards, so consult the Estonia-Turkey tax treaty and local tax advisors.
What is a permanent establishment (PE)?
A permanent establishment is a fixed place of business through which a company operates in another country. This can include:
- An office or branch
- A dependent agent regularly signing contracts
- A server or digital infrastructure
- Long-term service projects (e.g. consultancy lasting over 6 months)
Creating a PE may trigger local tax obligations even if your company is incorporated in Estonia.
How to stay compliant
To avoid dual residence and PE-related tax issues:
- Keep board meetings and strategic decisions in Estonia
- Avoid regular business activity in another country without consulting a tax advisor
- Use Estonia’s digital infrastructure to manage your company remotely
- Consult the relevant tax treaty and competent authorities if needed
- Ensure your company’s data in the Estonian Business Register is accurate and up to date
If you’re using Unicount to manage your Estonian company, our platform helps you stay compliant with Estonian regulations.
Final Thoughts
Dual residence is a nuanced issue that affects many e-residents operating internationally. While Estonia’s e-Residency program offers unmatched flexibility, it’s important to understand how your business activities abroad may impact your company’s tax status.
With the right structure, clear documentation, and awareness of tax treaties, you can avoid conflicts and continue running your Estonian company with confidence.
Visit Unicount.eu to learn more about company registration, compliance, and managing your Estonian business from anywhere in the world.
