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Visiting Researcher's Guide - EURAXESS Estonia

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5.4 Taxation of non-residents<br />

TAXATION<br />

A non-resident is someone whose permanent place<br />

of residence is not <strong>Estonia</strong> and who stays in <strong>Estonia</strong><br />

for less than 183 days over a period of 12 months.<br />

Residency is decided on the basis of all of the days<br />

that were physically spent in <strong>Estonia</strong>.<br />

Non-residents have limited tax liability in <strong>Estonia</strong>, and<br />

only the <strong>Estonia</strong>n-source income is taxed in <strong>Estonia</strong>.<br />

Non-residents can claim deductions and allowances<br />

available to residents if they are residents of another<br />

EU country and have obtained at least 75% of their<br />

income from <strong>Estonia</strong>. Otherwise they are not eligible<br />

to claim deductions from their paid income tax.<br />

If the bilateral convention for the avoidance of double<br />

taxation prescribes more favourable conditions for<br />

the taxation of the income of non-residents than those<br />

provided by law, the provisions of the convention<br />

apply. You can apply for the tax incentives or<br />

exemptions arising from these tax treaties if you have<br />

certified your residence status to the tax authority,<br />

which can be done using Form TM3 (available on the<br />

website of the ETCB). It is not necessary to submit<br />

the document if data on you and your residency have<br />

been entered in the register of taxable persons. In<br />

the event that your income tax has been withheld at<br />

a higher rate than prescribed in the tax treaty, you<br />

may apply to the <strong>Estonia</strong>n tax authority within three<br />

years from the deadline for the payment of the tax for<br />

a refund of the overpaid tax amount.<br />

49

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