Professional Documents
Culture Documents
in Lithuania
Tax guide 2013
Contents
Prepared by
Ernst & Young Baltic UAB
Subaiaus St. 7
LT-01302 Vilnius
Lithuania
Tel. +370 5 274 2200
Fax +370 5 274 2333
Vilnius@lt.ey.com
www.ey.com/lt
Contacts
Jelena Semionova, Partner Baltics
Tel. +370 5 274 2232
Jelena.Semionova@lt.ey.com
Kstutis Lisauskas, Partner
Business Tax Services CSE Leader
Tel. +370 5 274 2252
Kestutis.Lisauskas@lt.ey.com
Leonas Lingis, Partner
Tel. +370 5 274 2279
Leonas.Lingis@lt.ey.com
Irmantas Misinas, Senior Manager
Tel. +370 5 274 2307
Irmantas.Misiunas@lt.ey.com
Olga Savuk, Senior Manager
Tel. +370 5 274 2345
Olga.Savcuk@lt.ey.com
Egl emaitaityt, Manager
Tel. +370 5 274 2269
Egle.Zemaitaityte@lt.ey.com
Introduction
Geography
Population and language
State holidays
Abbreviations
I.
Governmental structure and economic climate
I.1.
Governmental structure
I.2. Economy
II.
Investment environment
II.1. General
II.2.
Regional and universal international trade agreements
Lithuania is a signatory to
II.3.
Legal regulation of import and export
III.
Types of business entities
IV.
Taxation
IV.1.
International issues
IV.2.
Tax administration
IV.2.1.
Corporate taxes
IV.2.2.
Value added tax
IV.2.3.
Personal income tax
IV.2.4.
Health insurance contributions
IV.2.5.
Social insurance
IV.2.6.
Other taxes
IV.3.
Immigration and permits
Addendum
9
11
23
Disclaimer
To the best of our knowledge, the information provided in this publication is based on the
laws and other legal acts of the Republic of Lithuania in force as of 1 January 2013
Implementation of and changes to the Lithuanian legislation that were recently enacted to
tackle the effects of the global financial crisis are in a dynamic state. The laws may at times
appear to be internally inconsistent or in conflict with each other, and a number of
questions may arise regarding interpretation, understanding and application of the
legislation in general, as well as in the context of specific business cases and circumstances.
This publication is for information purposes only.
We recommend the readers to seek professional advice from us, whenever decisions on
investments or regarding business activities in Lithuania are to be taken.
Doing business in Lithuania
Introduction
Geography
Lithuania is located on the eastern coast of
the Baltic Sea with an area of 65,303 sq.
km and has common borders with Latvia in
the north (588 km), Belarus in the southeast (653 km), Poland in the south-west
(104 km), and the Kaliningrad region of
the Russian Federation, also in the southwest (249 km). The geographical centre of
Europe is 24 km to the north of Vilnius,
which is the capital of Lithuania.
State holidays
New Year
1 January
16 February
11 March
31 March 1 April
1 May
Midsummer Day
24 June
6 July
Assumption Day
15 August
1 November
Christmas days
24 to 26 December
Finland
Helsinki
St. Petersburg
Minsk
Poland
Belarus
Abbreviations
AIS
AES
AEO
APA
ATA Carnet
BAS
CIT
EC
EEA
EEIG
EU
FEZ
GDP
IFRS
NCTS
OECD
PIT
RET
SAD
SCE
SE
TARIC
VAT
WTO
I. Governmental structure
and economic climate
I.1. Governmental structure
The Republic of Lithuania is an independent
democratic state. The legal system of the
Republic of Lithuania is based on its
Constitution adopted in 1992 by a
referendum. Pursuant to the Constitution,
sovereignty shall be vested in the People
and shall be exercised either directly or
through their democratically elected
representatives. In Lithuania, the powers of
the State are exercised by the Seimas
(Parliament), the President of the
Republic, the Government, and the
Judiciary.
The supreme legislative power is exercised
by the one-chamber Seimas; its 141
members are elected for a four-year term
by universal, equal, direct suffrage and a
secret ballot. The current Seimas was
elected in October 2012. The next elections
to Seimas will take place in October 2016.
The President of the Republic of Lithuania
is the head of the state. The President
represents the Lithuanian state and
performs the functions prescribed to him/
her by the Constitution and laws. The
citizens of the Republic of Lithuania elect
the President of the Republic for a five-year
term by universal, equal and direct suffrage,
by means of a secret ballot. The current
President of the Republic of Lithuania, H.E.
Dalia Grybauskait, was elected in May
2009.
In Lithuania, the supreme executive power
is vested in the Government. It is comprised
of the Prime Minister and ministers. Upon
the approval of the Seimas, the President of
the Republic of Lithuania appoints and
dismisses the Prime Minister. Upon the
proposal of the Prime Minister, the
President of the Republic of Lithuania
appoints and dismisses ministers. The
present Government is made up of the
coalition of Social Democrats, Labour party,
Order and Justice, Electoral Action of Poles
in Lithuania and is headed by Prime
Minister Algirdas Butkeviius.
I.2. Economy
Type of economy
After the restoration of independence on 11
March 1990, consistent and long-term
reforms related to economic liberalisation
and privatisation transformed Lithuanias
economy from a planned economy to a
market economy.
Lithuanias geographical position in the
region enables the country to be active both
from the north to the south and from the
west to the east directions, and to use the
advantages provided by its geographical
position to the maximum extent possible.
The Baltic region is a very important
intersection point for both transport and
trade roads in the middle of the European
continent. Lithuanias geographical position
is convenient for transit; two recognised
transport corridors of continental
importance cross the countrys territory.
The fact that Lithuania is a sea state with an
ice-free Klaipda port that has a modern
container terminal is also very important for
the development of transit. The Republic of
Lithuania has a wide network of motorways
with a high quality maintenance and repair
system.
Lithuanias strategic objective to ensure the
endurance of its achievements made during
the independence period has been achieved
by joining the EU and NATO. In the Baltic
Sea region, Lithuania is establishing its role
as one of the leaders in the region, in
particular by facilitating EU and NATO
policy-making in regard to its eastern
neighbours, thus enhancing the security
and stability in the entire region.
Currency
The official currency in the Republic of
Lithuania is the litas (1 litas is equal to 100
Lithuanian cents). From 1 April 1994
through 1 February 2002, the litas was
pegged to the US dollar. Since 2 February
2002, the litas is pegged to the euro and
the official exchange rate is 3.4528 litas for
1 euro. The decision to peg the litas to the
euro was made considering the fact that
Lithuanias economy was becoming
increasingly related to the economy of the
EU.
All litas issued into circulation by the Bank
of Lithuania are backed 100% by gold and
foreign currency reserves of the Bank of
Lithuania. Litas are exchanged to the
anchor currency and the anchor currency is
exchanged to litas at a fixed rate without
any restrictions.
Investment types
The Law on Investment provides for the
following types of foreign investment in the
Republic of Lithuania:
1. Establishment of an undertaking,
acquisition of capital or a part thereof of
an undertaking registered in the
Republic of Lithuania
2. Acquisition of any type of securities
3. Building, acquisition of fixed assets or
increase in their value
4. Lending funds or other assets to
undertakings where the investor owns a
part of the capital entitling it to control
the undertaking or exert a considerable
influence upon it
5. Conclusion and implementation of
concession, leasing contracts and
contracts of partnership between the
government and the private sector
International treaties
Electronic customs
To facilitate import or export procedures
and to reduce compliance costs as well as
the time spent for customs clearance, the
European Parliament and the Council have
introduced a decision on a paperless
environment for customs and trade.
Lithuania has already implemented the New
Computerised Transit System (NCTS), the
1st phase of the Automated Import System
(AIS) and the 2nd phase of the Automated
Export System (AES). AES enables the full
control of export operations via the
electronic exchange of information on
exports between customs offices replacing
the paper copy No 3 of the exports return.
From 1 January 2008 it is possible to
submit customs declarations in Lithuania
electronically, without providing the
Customs authorities with paper documents;
however, documentary evidence for
customs procedures should still be retained
for 10 years.
In 2011 full implementation is expected of
the EU Customs Information Portal for
economic operators to access information
related to import and export requirements
and Single Electronic Access Point to enable
economic operators to lodge electronically
all the information required by customs and
non-customs legislation for EU cross-border
movements of goods at once.
Registration of entities
All entities together with all other legal
persons are registered with a unified
Register of Legal Persons of the Republic
of Lithuania administered by the State
Enterprise Centre of Registers. A legal
entity registered with the Register of Legal
Persons is issued a certificate of a legal
person of an established form and allocated
a legal persons code.
Personal enterprises
An individual enterprise is owned by a single
natural person. The owner of an individual
enterprise may not own another individual
enterprise. An individual enterprise is a
legal person of unlimited liability and its
assets are not separated from its owners
assets. The owner is liable for the
obligations of the enterprise with all of his
property. The Civil Code, the Law on
Individual Enterprises and other laws, as
well as the regulations of the individual
company regulate the establishment,
liquidation and activities of individual
enterprises.
Partnerships
Partnerships may be general and limited. A
general partnership is an enterprise of
unlimited liability established on the basis of
a partnership agreement by joining the
property of several natural or legal persons
into the joint and several ownership in order
to engage into economiccommercial
activities with the common name of the
firm.
Micro company
A micro company is a limited liability legal
entity that can only be established by
natural persons; the number of founders
can be up to 10 persons. The micro
company is intended to promote small
business; therefore, in order to establish a
micro company, there is no statutory capital
requirement, also, contributions in kind are
permitted.
Cooperative companies
A cooperative company is an enterprise
established by natural and/or legal persons
according to the procedure prescribed by
laws in order to satisfy the economic, social
and cultural needs of its members. Its
members contribute funds to form its
capital, share risks and benefits according
to the turnover of the goods and services of
its members with the cooperative company
and they are actively involved in the
management of such company.
Agricultural companies
An agricultural company is an enterprise
established by natural and legal persons
under an incorporation agreement, where
income from agricultural production and
services rendered to agriculture constitute
over 50% of the total income from sales
during the business year. There are two
groups of persons participating in the
companys management: members and
stakeholders. An agricultural company must
have at least 2 members. An agricultural
company is a limited liability legal person. It
may be founded by Lithuanian and foreign
natural and legal persons. An agricultural
company members meeting is the supreme
body in the company. An agricultural
companys management bodies are the
board and/or the administration.
European company
A European company (SE or Societas
Europaea) is a limited liability legal person
established within the territory of the
Community as a public limited liability
company. Its purpose is to merge or form a
holding of companies governed by the law
of different Member States. SE with the
registered office in Lithuania shall be
subject to the legal regulations of the
Republic of Lithuania mutatis mutandis
regulating the activities of public limited
liability companies, unless stipulated
otherwise in specific legislative acts.
The subscribed capital of an SE may not be
less than kEUR 120. Lithuanian public and
private limited liability companies may
incorporate an SE. An SE comprises a
general meeting of shareholders, a
supervisory council (or another supervising
body), a board and a manager. The
obligatory bodies are the general meeting
of shareholders and the manager.
Employees of an SE are entitled to
participate in the management of the SE
and in adoption of decisions vital to the
operations of the company.
10
IV. Taxation
IV. Taxation
IV.1. International issues
Treaties on avoidance of double
taxation
Lithuania has concluded approximately 50
applicable bilateral treaties on avoidance of
double taxation. All the treaties are based
on the OECD/UN model agreement:
1 Armenia
2 Austria
3 Azerbaijan
4 Belarus
5 Belgium
6 Bulgaria
7 Canada
8 China
9 Croatia
10 Czech Republic
11 Denmark
12 Estonia
13 Finland
14 France
15 Georgia
16 Germany
17 Greece
18 Hungary
19 Iceland
20 India
21 Ireland
22 Israel
23 Italy
24 Kazakhstan
25 Kirghizstan
26 Korea
27 Latvia
28 Luxembourg
29 Macedonia
30 Malta
31 Mexico
32 Moldova
33 Netherlands
34 Norway
35 Poland
36 Portugal
37 Romania
38 Serbia
39 Russian
Federation
40 Singapore
41 Slovak Republic
42 Slovenia
43 Spain
44 Sweden
45 Switzerland
46 Turkey
47 Ukraine
48 United Kingdom
49 United States
50 Uzbekistan
Small enterprises
An enterprise with gross income below LTL
1,000,000 (approximately EUR 290,000)
during a tax year and with the average
number of employees not exceeding 10 has
the right to apply a 5% corporate income tax
(the standard rate is 15%). A non-profit
company with income from business
activities not exceeding LTL 1 million
(approximately EUR 290,000) per tax year
has the right to apply zero corporate income
tax rate to the amount of LTL 25,000
(approximately EUR 7,000) and a 15%
corporate income tax rate to the remaining
amount of profit.
Shipping entities
Income received by a shipping entity from
international carriage by sea-going vessels
and activities directly related thereto may
be taxed with a fixed-rate corporate income
tax in case it meets the requirements
defined in the provisions of the Law on
Corporate Income Tax (Law on CIT). After
a shipping entity acquires the right and
chooses to pay a fixed-rate corporate
income tax, the chosen rate shall be applied
for a period not shorter than until 31
December 2016.
Fixed corporate income tax is calculated
with respect to net tonnage of the fleet by
Doing business in Lithuania
IV. Taxation
12
Permanent establishment
A foreign enterprise is considered to have a
permanent establishment in Lithuania if:
It is permanently engaged in
commercial activity in Lithuania or
It is engaged in commercial activity
through a dependent agent or
It uses a construction site, building,
construction, equipment, etc., or
It uses equipment or construction,
including bores or ships, for exploration
and extraction of natural resources
Usually permanent establishments are
subject to the same tax requirements as
other enterprises with certain exceptions
(deduction of administrative expenses of
the head office, etc.). No tax is applied on
repatriated profit of branches (permanent
establishments).
Starting from the year 2010 an exemption
method is applied instead of a credit
method in order to avoid double taxation on
certain income earned by a Lithuanian
entity through its permanent establishment,
i.e. income from economic activity earned
Tax rate
The standard profit tax rate applied to legal
entities is 15%. The available tax benefits
and reliefs are listed above, in the
Investment and tax benefits chapter.
13
IV. Taxation
Thin capitalization
Interest is generally deductable on
accruals basis, if the borrowing finances
the business and is at arms length.
Following the Lithuanian thin
capitalization rules, interest on
shareholder and related party loans is
deductible; however, interest on
controlled debt as well as currency
exchange losses on controlled debt are
not deductible. A controlled debt exists
when there is a debt to a controlling
lender, and debt to equity ratio exceeds
4:1 (only the exceeding part is treated as
controlled debt). The ratio is computed
as of the end of the relevant tax year, but
the equity does not include the result for
that year. A controlling lender is one that
controls, directly or indirectly, either
more than 50% of the shares of the
borrower alone, or more than 10% alone
and more than 50% together with related
persons. Members of the group of a
controlling lender are also controlling
lenders. If the borrower can prove that
the borrowing occurred under arms
length conditions, thin capitalization
rules will not be applied.
14
Type of asset
Intangible
assets
Used for
scientific
research and
experimental
development
Time (year)
315
2-15
New buildings
and premises
Other
buildings and
premises
15-20
15-20
Vehicles
4-10
4-10
Machinery and
equipment
5-15
2-15
4-6
2-6
Computer
equipment
Other assets
Losses
Losses for the tax period, except for the
losses incurred as a result of disposals of
securities and/or derivative financial
instruments, may be carried forward for an
unlimited period of time, but such carrying
forward shall be terminated if the entity
ceases its activities that gave rise to the
losses except for reasons beyond its
control. Losses incurred as a result of
disposal of securities and/or derivative
financial instruments may be carried
forward no longer than for 5 consecutive
tax periods, starting from the tax period
following the tax period during which the
losses were incurred. This limitation does
not apply to financial institutions. In case of
transfer or reorganization of an entity, tax
losses, which were incurred by the acquired
entity during the accounting period, can be
carried forward by the acquiring entity if
certain criteria are met.
Capital gains
Capital gains and losses are calculated by
subtracting the acquisition costs and related
expenses from sales proceeds.
Dividends
A 15% tax is applied to dividends received
both from Lithuanian and foreign
enterprises. Withholding tax deducted and
paid by a foreign enterprise from the
dividends of a Lithuanian company may be
credited against the Lithuanian enterprises
income tax. Dividends received from
Lithuanian and foreign enterprises shall not
be taxed if the recipient thereof has owned
no less than 10% of the shares for at least
12 months (participation exemption rule).
The recipient may consider such dividends
as non-taxable income in Lithuania.
Withholding tax
15
IV. Taxation
16
Tax rates
The standard VAT rate is 21%. During the
transitional period till 31 December 2013
the reduced 5% rate is applied to medical
products and medical purposes products,
subject to full or partial compensation from
the state medical insurance budget.
Starting from 1 January 2013, the 5% rate
is also applied to equipment for disabled
persons technical assistance, as well as to
repairs of such equipment.
Reduced 9% VAT rate is applied:
For heating and hot water supplies to
residential premises until 31 December
2013.
For supply of books and printed nonperiodical materials, as well as journals
and magazines (except the ones
containing erotic, violent, unethical or
more than 4/5 of advertising material).
Reduced 9% VAT cannot be applied for
promotional publications.
For passenger transport services on
regular routes listed by the State
institutions, including transport of
luggage of the passengers on such
routes.
VAT exemptions
VAT exemptions apply to health care, social
(e.g., nursing) services rendered by
authorised persons, cultural and sport
services rendered by non-profit seeking
institutions, education services, postal
services, insurance and reinsurance
services, except insurance of exported
goods, financial services, gambling and
lotteries, etc.
VAT deduction
Input (import) VAT is subject to VAT
deduction, unless it is related to nonbusiness or VAT exempt supplies of goods
or services. There are a few cases when VAT
deduction is prohibited or restricted (e.g.,
25% of input VAT on entertainment or input
VAT on acquisition and hire of vehicles
designated for not more than 8 people
excluding the driver, etc.). Input VAT
related to supply of goods or services
outside Lithuania may also be deducted,
provided that such goods or services would
be subject to VAT if they were supplied in
Lithuania.
If a taxable person makes both taxable and
exempt supplies, input VAT should not be
recovered in full. First of all input VAT has to
be attributed to taxable and non-taxable
activities, and only when it is impossible, a
pro rata calculation may be used. Using pro
rata, the amount of input VAT to recover is
calculated based on the percentage of the
actual recovery amount of the previous
year. Input VAT is fully recovered if the
share of non-taxable activities does not
exceed 5%.
17
IV. Taxation
VAT refund
There are two ways to claim for a refund of
VAT incurred in the EU. These are known as
the Directive 2008/9/EC and 13th Directive
claim procedures. Which procedure is used
depends on where the business is
established. If the business is established in
the EU, the Directive 2008/9/EC procedure
should be used. If the business is
established outside the EU, the 13th
Directive procedure should be used.
18
Non-taxable income
Income tax is not applied to:
Death allowances paid to the spouse,
children (adopted children) and parents
(foster parents)
Life insurance payments under
agreements concluded before 1 January
2003 for at least 10 years
Income received from the sale of
movable property requiring legal
registration or immovable property
(only in some cases)
Certain other income listed in the Law
on PIT
Income in kind
Income in kind is recognized based on the
value of assets or services received or used
free of charge or at a privileged price, etc.,
apart from the below mentioned cases.
The provisions of the Law on PIT describe
the income which should not be treated as
income in kind:
Compensations for health treatment
costs received from the employer if this
is the employers obligation according to
legal acts
Benefit such as clothing, shoes, work
equipment, other items received by the
employee form the employer and used
only for work functions
Benefit such as payment by a third party
for the education of an individual
PIT, social security and mandatory
health insurance payments paid by
another person on behalf of an
individual
When an employee receives income not
from the employer, but form another
person related to the employer or when the
employees family member (not the
employee himself) receives income in kind
from the employer, such income should also
be treated as employment income.
Tax rates
PIT rate is 15% for most types of income.
However, a 20% rate is applied to dividends
and income tax of 5% is applied to the
19
IV. Taxation
20
21
IV. Taxation
Land taxes
Landowners pay land tax. The annual tax
rate varies from 0.01% to 4% (depending on
the municipalitys decision) of the taxable
value of the land assessed using the latest
mass valuation results. Furthermore,
provisions for the transitional period apply,
in cases when in 2013 the taxable value of
the land increased compared to 2012, 80%
of the taxable value increase will be
deducted from the taxable amount of the
land in 2013, respectively 60% in 2014,
40% in 2015 and 20% in 2016.
Land rent tax payable by those renting
state-owned land varies from 0.1% to 4% of
its assessed value in accordance with the
Land Evaluation Methodology.
Excise duty
Excise payers are owners of excisable goods
warehouses, registered consignees/
consignors of excisable goods, as well as
persons that may have an obligation to pay
excise duties in accordance with the Law on
Excise Duties. In case of import of excisable
goods, the excise tax is paid by the
importer, provided that the postponement
of the excise duty payment is withdrawn.
The object of excise duty is ethyl alcohol
and alcoholic drinks, processed tobacco,
energy products and electricity. The
applicable tax base is the taxable value base
of goods produced or imported in Lithuania.
22
Pollution tax
This tax is applied in regard of
environmental pollution. The object of the
tax is emissions from stationary and mobile
sources, certain goods (e.g., batteries,
mercury lamps, etc.), the finite list of which
is provided in the Law, as well as packaging.
The amount of tax depends on the level of
hazard raised by the source of pollution and
the specific pollution-related facts recorded
by state institutions. Automobiles equipped
with an exhaust emission neutralization
system are not subject to pollution tax.
Addendum
Lithuanian key economic indicators (Public data)
GDP, LTL million
2004
2005
2006
2007
2008
2009
2010
2011
2012F*
2013F*
2014F*
62587
71380
81905
98139
111190
92353
94642
106370
113709
121328
129821
GDP growth, %
7.3
7.9
7.7
8.9
5.3
-15.0
1.3
5.9
3.5
3.2
3.5
2.9
3.0
4.5
8.1
9.0
4.2
1.2
4.1
3.4
3.5
3.5
10.0
Unemployment rate, %
11.4
8.3
5.6
4.3
4.9
13.7
17.8
15.4
13.0
11.5
25.8
32.8
38.9
43.2
55.5
40.7
54
69.6
34.4
43.2
53.3
61.5
73.0
45.3
61
78.8
8.6
10.4
14.4
18.3
17.5
4.6
9.2
16193
23896
28925
35504
31733
31787
34635
38081
12155
13276
14939
16698
17375
26983
36128
40962
F* forecast
Latvia
Lithuania
15%b
5f or 15%
Dividends
0 or 10%
0 or 15% or 20%
Management fees
0 or 10%
0 or 10%
Interest
0 or 5 or 10%
Royalties
0 or 5 or 10%
5 or 15%
0 or 10%
0 or 10%
g
n/a
unlimited/8 years
b
unlimited/5 yearsg
Salaries/wages
21%
25%
34%
24.09%
27.98-28.7%
3%
2.8% (+ 2%)
11%
3%
6%
0.2-1.5%
0.3-1%
0.1-2.5%
1.5 or 3%
1.5 / 0.1-4%
VAT rate
a
b
c
d
e
f
g
15%
b
Retained profits are tax exempt. If distributed, subject to income tax at the rate of 21% (net distributed amount is divided by 0.79 before multiplying by the tax rate).
If a tax payer qualifies as a microenterprise, a tax at the rate of 9% shall be paid which includes CIT, PIT, SSC and Business risk duty.
Will be abolished as of July 2013.
Will be abolished as of January 2014.
Applicable to losses incurred before year 2008.
5% applicable to small enterprises with an annual income not exceeding LTL 500,000 and an average number of employees not exceeding 10.
Applicable to losses incurred as a result of disposal of securities and/or derivatives. From 2010 transfer of losses among group entities is possible.
Estonia
Latvia
Lithuania
Currency
EUR
Latvian lat
EUR 1=LVL 0.702804
Lithuanian litas
EUR 1=LTL 3.4528
The above is intended for general guidance only. Please contact us for professional advice.
23
Riga, Latvia
Ernst & Young Baltic SIA
Muitas St. 1A
LV-1010 Riga
Tel. +371 6704 3801
Fax +371 6704 3802
Riga@lv.ey.com
www.ey.com/lv
Vilnius, Lithuania
Ernst & Young Baltic UAB
Subaiaus St. 7
LT-01302 Vilnius
Tel. +370 5 274 2200
Fax +370 5 274 2333
Vilnius@lt.ey.com
www.ey.com/lt