Finland - Income Tax 

All income tax information is summarized by KPMG Oy Ab, the Finnish member firm of KPMG International.

Tax returns and compliance

When are tax returns due? That is, what is the tax return due date?

7 May or 14 May (in 2013).

What is the tax year-end?

31 December.

What are the compliance requirements for tax returns in Finland?

Tax returns are due 7 May or 14 May (in 2013). The date will be printed on the pre-completed tax return form. If a taxpayer has not received a pre-completed tax return form, he/she has to file a tax return by 14 May (2013).

Residents

All individual taxpayers will receive a pre-completed tax return form in April. They have to check the tax return and, if necessary, send it back with corrections to their local tax office.

The tax office may extend the time for filing pre-completed tax returns. An extension for a couple of weeks may be granted. The application must be filed prior to the tax return filing due date and must contain justification for granting the extension.

The final tax assessment will be made by the end of October following the tax year. If an insufficient amount has been withheld/advance tax paid, additional installments are due in December and February. If the tax withheld/advance tax paid exceeds the final total taxes and levies, a tax refund will take place in December. Interest charges are levied if the final tax liability exceeds preliminary tax paid. For the tax year of 2012 the rate is 0.5 percent, if the amount of additional tax payment exceeds approximately EUR4,750. If the amount of unpaid taxes exceeds EUR10,000, the interest rate is 3 percent on the excess amount. If the final amount of tax is less than the taxpayer has paid in advance, he/she will receive an interest of 0.5 percent on the refund.

The employer is required to withhold tax on all salaries paid to the employee. The amount of the withholding is determined on a progressive basis by the amount of the salary including fringe benefits. However, a foreign employer without a permanent establishment in Finland paying salaries from abroad is not liable to withhold Finnish payroll tax from salaries.

The penalty for failing to pay the taxes on time is a surtax of 8 percent. The penalty for late filing of the tax return ranges from EUR100 to EUR3,400 and up to 10 percent on added income, depending on the length of time the return has been overdue and the purpose of not filing the total amount of income.

Non-residents

Non-residents, who have not been residents during the tax year, do not need to file a tax return on their wage income.

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Tax rates

What are the current income tax rates for residents and non-residents in Finland?

Residents

State tax rates are as follows:

Income tax table for 2013

Municipal tax is levied at flat rates. The tax varies between 16.25 percent and 22 percent in 2013 depending upon the municipality. The local communities of the Evangelical-Lutheran and Orthodox churches levy church tax. Church tax is imposed at flat rates between 1 percent and 2.20 percent (2013) that are set annually for the following year by each community’s ecclesiastical council.

A new public broadcasting tax (Yle-vero in Finnish) was introduced on 1 January 2013. The amount of the public broadcasting tax is 0.68% of the earned and capital income, but the maximum annual amount is EUR140 per person.

Non-residents

The salary income of a non-resident is subject to a flat tax rate of 35 percent. However, a standard deduction of EUR510 per month or EUR17 per day is granted if this is stated in the employee’s tax-at-source card.

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Residence rules

For the purposes of taxation, how is an individual defined as a resident of Finland?

An individual is treated as resident if he/she has a permanent home or habitual abode in Finland or otherwise has stayed in the country for a period of more than six months. When moving abroad a Finnish citizen is still considered as a Finnish tax resident for the year he/she moves abroad and the following three full calendar years, unless he/she produces evidence that he/she has not maintained substantial ties to Finland during the tax year in question.

Is there, a de minimus number of days rule when it comes to residency start and end date? For example, a taxpayer can’t come back to the host country for more than 10 days after their assignment is over and they repatriate.

There is no de minimus number of days rule as such when it comes to residency start and end date.

What if the assignee enters the country before their assignment begins?

The residency status is based on the arrival date.

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Termination of residence

Are there any tax compliance requirements when leaving Finland?

No obligation exists to file a tax return before leaving the country, but a person with unlimited tax liability in Finland needs to file a tax return in Finland according to normal tax return filing schedules (that is, 7 May or 14 May in 2013).

What if the assignee comes back for a trip after residency has terminated?

In principle, residency will not be extended by a trip after residency has terminated. However, it shall be noted that residence is regarded as still being valid if it can be concluded from the circumstances that the taxpayer still resides in Finland. Therefore, case-by-case consideration needs to be made.

Communication between immigration and taxation authorities

Do the immigration authorities in Finland provide information to the local taxation authorities regarding when a person enters or leaves Finland?

Normally the travel dates are not informed by the customs officials to the tax authorities. However, the tax authorities may have access also to this information upon request. The company and employee should also be aware that the information regarding work permits, visas, and social security is available to the tax authorities by the labor administration, immigration authorities, and social security authorities. In addition, the tax authorities have access to the information in the Population Information Register in which the moving dates informed by the person are recorded (every person moving to, from or within Finland must make a notification of moving to the post office/Population Information Register).

Filing requirements

Will an assignee have a filing requirement in the host country after they leave the country and repatriate?

If an assignee has been resident in Finland during the tax year, he/she shall file a tax return for the tax year in question on his/her taxable income. The taxpayer should inform his/her home address to the Finnish tax authorities so that they can send him/her a pre-completed tax return.

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Economic employer approach1

Do the taxation authorities in Finland adopt the economic employer approach to interpreting Article 15 of the OECD treaty? If no, are the taxation authorities in Finland considering the adoption of this interpretation of economic employer in the future?

No. The Finnish tax authorities normally look at who is the legal employer (that is, with whom the employment contract is concluded) and normally have not deemed that there would be an economic employer in Finland in case there is a recharge of costs (which could make the income taxable in Finland), especially if the costs are not charged directly as salary costs but for example, as a part of management fee. Please note, however, that as there are no written guidelines regarding this issue, there is some level of risk that an economic employer could be deemed to exist in Finland, especially if the amount charged consists directly of the employee’s salary and social security (or other associated) costs. This issue could come up for example, in connection with a tax inspection of the Finnish company and could affect also the employee’s taxation.

Please note that the tax administration’s interpretation of the employer concept has lately been become closer to economic employer approach also in relation to temporary business trip rules.

Are there a de minimus number of days before the local taxation authorities will apply the economic employer approach? If yes, what is the de minimus number of days?

Not applicable.

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Types of taxable compensation

What categories are subject to income tax in general situations?

Taxable income includes all compensation received by an employee, including amounts derived directly or indirectly from the work performed for the employer.

These include the following:

• base salaries
• expatriation premiums
• bonuses
• indemnities with some exceptions
• pension contributions (unless certain provisions are met)
• cost-of-living allowance
• housing allowances/reimbursements
• fringe benefits
• reimbursements of foreign and/or home country taxes
• home leave reimbursements
• representation and entertainment allowance
• travel expenses (excluding transportation, hotels, and meals up to a certain amount)
• entertainment expenses
• profit sharing schemes
• incentive compensations
• under certain conditions the taxation of pension benefits can be deferred until benefits are received
• under certain conditions employment related stock options are taxable at the time that the option is exercised
• professional and business activities; taxable income includes profits shown in the statutory accounts required for self-employed individuals
• a tax payment made on behalf of the employee by the employer is taxable earned income to the employee if a greater amount of money has been used for such payment than what has been withheld from the employee’s pay
1. The benefit is attributed to the tax year during which it has been earned.

The taxable income of an individual is divided into two categories: investment income and earned income. Taxable investment income includes yield from property, capital gains, and other income, which can be judged to be derived from assets.

All income other than investment income is regarded as earned income.

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Tax-exempt income

Are there any areas of income that are exempt from taxation in Finland? If so, please provide a general definition of these areas.

All employment income is taxable except for certain pensions and social security benefits. In addition, income attributable to continuous work abroad by a Finnish resident for a period of at least six months may under certain preconditions be exempt from Finnish income tax.

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Expatriate concessions

Are there any concessions made for expatriates in Finland?

Finnish-source employment income earned by a foreign employee is taxed at a flat rate of 35 percent for a maximum period of 48 months if:

• the employee becomes resident in Finland when the work in Finland begins
• the cash salary of the expert is at least EUR5,800 per month he/she works in Finland excluding fringe benefits
• the work demands special expertise
• the expatriate is not a Finnish citizen nor has he/she been tax resident in Finland for the preceding five years
• the salary is regarded as Finnish-source income and paid by a Finnish entity.

This is regulated in a temporary act that is in force for employments commencing at the latest on December 31, 2015. The foreign expert is not allowed any deductions or allowances on the income to which the 35 percent flat rate tax applies. Before beginning work in Finland or, at the latest, within 90 days from beginning the work in Finland an application must be filed with the Regional Tax Office in order to qualify for the special tax regime.

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Salary earned from working abroad

Is salary earned from working abroad taxed in Finland? If so, how?

Non-residents, who are not members of a board of directors or other corresponding governing body of a Finnish legal entity, are not subject to Finnish income tax on compensation attributable to services mainly performed outside Finland for a Finnish private sector employer.

Salary earned by a resident from working abroad is subject to income tax in Finland except where the provisions of the six-month rule are met. However, foreign income tax paid on the same income is credited against Finnish taxation.

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Taxation of investment income and capital gains

Are investment income and capital gains taxed in Finland? If so, how?

A progressive tax schedule for investment income has been in force since 1 January 2012. Investment income up to EUR50,000 is taxed at 30 percent, whereas investment income exceeding EUR50,000 is taxed at 32 percent. These percentages apply unless otherwise stated in an applicable tax treaty. Taxable investment income includes the following:

• interest income on bank deposits and bonds
• dividends paid to residents
• capital gains.

In the computation of taxable capital gains, the taxpayer has an option to deduct either the acquisition cost of the asset (reduced by any depreciation), or 20 percent of the sales proceeds for assets that have been owned for a period of less than 10 years, or 40 percent if the period is at least 10 years.

Capital gains on the sale of the taxpayer’s own dwelling are exempt if he/she or his/her family members have occupied it as an owner for at least two years before the sale. Capital losses may be deducted only from capital gains for the same tax year and the following five years.

Dividends, interest, and rental income

Dividends from publicly listed companies

In the case of dividends from publicly listed companies 70 percent is taxed as investment income and 30 percent is tax exempt.

Dividends received from non-listed companies

An annual return of 9 percent is calculated on the mathematical value of the shares in non-listed companies. Dividends are tax exempt up to an amount of EUR60,000 of such return. The amount of dividends exceeding (within 9 percent annual return) EUR60,000 is taxed by applying 70/30-percent rule, which means that 70 percent of the dividend is taxed as investment income and 30 percent is tax exempt. Of the amounts of dividends exceeding the annual return of 9 percent 70 percent will be taxed as earned income and 30 percent is tax exempt.

Dividends from non-listed companies where the dividends are paid based on work performed by the receiver of the dividends or a person in his/her sphere of interest, is taxed as earned income of the person who has performed the work.

Interest

According to the general rule in the Income Tax Act, interest is taxable as income from capital. For interest income on bank deposits and bonds see Taxation of Investment Income and Capital Gains.

Rental income

Rental income is taxed as an investment income. The tax rates are 30 percent or 32 percent.

Gains from stock option exercises

Gains from stock option exercises are taxable as earned income if it concerns employment stock options. Sale of shares received through exercise of employment stock options are taxed as investment income at 30 or 32 percent.

Foreign exchange gains and losses

Exchange rate gains constitute taxable income in Finland also in relation to other than business activities. An exchange rate gain based on an outstanding exchange credit is taxable investment income. Also an exchange rate gain based on a loan for the stabilization of exchange is taxable investment income if the loan was taken for the purposes of acquiring income. The gain realizes for taxation in the year during which the currency is changed to Euros. An exchange rate gain of an individual, which is not connected with income acquisition activities, however, is tax exempt up to EUR500 in a year.

The Income Tax Act includes a special provision on the deductibility of exchange rate losses. An exchange rate loss, which relates to a loan that was raised for income acquisition purposes, is deductible from the taxpayer’s investment income. The loss cannot be deducted from capital gains. The loss is deductible in the tax year during which the payment was made.

Principal residence gains and losses

A capital gain derived from sale of an apartment or from sale of a house, which has served as the owner’s or his/her family’s permanent home for an uninterrupted period of at least two years during the period of ownership, is exempt. In other cases, the capital gain of a principal residence will be taxed at a tax rate of 30 or 32 percent.

Capital losses may only be deducted from capital gains arising in the same year and the following five years. Losses arising from the disposal of the permanent home are not deductible if the capital gain from such a disposal has been tax exempt.

Capital losses

See Principal Residence Gains and Losses.

Personal use items

Capital gains are not regarded as taxable income if the total value of the sold property is no more than EUR1,000. Capital gains on sales of habitual household effects, as well as other personal items, are tax exempt.

Gifts

Gift tax is levied on the following property received as a gift.

• Any property, if the donor or the beneficiary was resident in Finland at the time of donation.
• Real property situated in Finland and shares or other rights in a corporate body where more than 50 percent of the total gross assets of that corporate body consist of real property situated in Finland.

No gift tax is levied on household effects received as gifts and intended for the beneficiary’s (or his/her family’s) personal use and for which the value does not exceed EUR4,000. No gift tax is levied on gifts received solely for the beneficiary’s education or maintenance either or on other gifts for which the value is less than EUR4,000. If a person receives such gifts from the same donor within a period of three years, the gifts are aggregated for the purpose of computing the EUR4,000 limit and the gift tax liability.

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Additional capital gains tax (CGT) issues and exceptions

Are there additional capital gains tax (CGT) issues in Finland? If so, please discuss?

Capital gains of specified transfers of businesses and farms to descendants may be tax exempt if certain conditions specified by the income tax act are fulfilled.

Pre-CGT assets

Not applicable.

Deemed disposal and acquisition

See above section Are Investment Income and Capital Gains Taxable in Finland.

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General deductions from income

What are the general deductions from income allowed in Finland?

In general, the taxpayer is allowed to deduct for income tax purposes all expenses incurred in acquiring and maintaining chargeable income in the computation of the taxable income in each category. No deduction is allowed for expenses related to exempt income and domestic expenses (except expenses of certain domestic work).

The following items are considered as allowed:

• A work-related standard expense deduction of EUR620.
• Union membership fees and unemployment fund payments.
• Commuting costs from the place of residence to the place of employment using the cheapest means of transportation (only costs between EUR600 and EUR7,000).
• Interest expense on loan for educational purposes or for the purposes of deriving taxable income and 80 percent (in 2013, in 2014 the percentage will be 75) of the interest expenses on loans taken to purchase a home are deductible from investment income. If investment income is negative after these deductions, one can get a tax credit for capital loss from taxes on earned income. The deduction is 30 or 32 percent, but the maximum amount of this deduction is EUR1,400 for each person. This amount is increased by EUR400 for one child and by EUR800 for two or more minor children, supported by the taxpayer or a married couple during the tax year.
• Voluntary pension insurance payments paid to a Finnish insurance company or to a Finnish branch of a foreign insurance company are deductible from investment income, but certain ceilings apply. Also foreign voluntary pension payments are deductible if certain conditions are met.
• The medical treatment premiums are not deductible from taxable income. However, the employee’s statutory pension and unemployment insurance payments as well as daily allowance premiums are deductible items.
• Deduction for work related secondary apartment

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Tax reimbursement methods

What are the tax reimbursement methods generally used by employers in Finland?

• Relating to assignees whose salaries are paid by Finnish companies there is no guidance or case law from the tax authorities on how tax reimbursement should be handled. Generally, income becomes taxable for an individual based on the cash principle (that is, the moment when the income is paid or is available to the employee).

From 2008 onwards, the tax authorities have adopted new rules regarding net salary agreements when the salary is paid from abroad. Under these circumstances, a gross-up is required in the year the work is completed and the salary is paid.

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Calculation of estimates/prepayments/withholding

How are estimates/prepayments/withholding of tax handled in Finland? For example, Pay-As-You-Earn (PAYE), Pay-As-You-Go (PAYG), and so on.

The employer is required to make a withholding on all salaries paid to the employee. The applicable withholding tax percentage is stated in the employee's tax card. The tax percentage is progressive, and it is determined by the tax authorities based on the amount of the annual salary including fringe benefits.

Pay-as-you-go (PAYG) withholding

When the employee is regarded to be a resident, the employer shall withhold the payroll taxes according to the rates stated in the employee’s tax card in every payroll period. However, if the salary is paid by such a non-resident employer that does not have a permanent establishment in Finland for income tax purposes and that is not registered as an employer with the tax authorities and if the payment of wages only takes place as a direct electronic transfer of funds from a foreign bank, the said employer does not have to withhold any tax from the wages paid out. In these cases a resident employee working in Finland has to contact the local tax office for instructions on how to pay the withholding tax himself/herself monthly to the regional tax office’s account. Nevertheless, if the salary is paid in Finland by a so called substitute payer, it is the payer that has the withholding tax obligations.

If the employee is regarded to be non-resident in Finland and has a tax-at-source card, the employer makes a 35 percent withholding. However, before calculating the 35 percent tax, the employer may first make a standard monthly deduction of EUR510 or EUR17 per day (if this is mentioned on the tax card).

If the employee does not provide his/her employer a tax card or a tax-at-source card, the employer has to levy a withholding tax of 60 percent on the wages including any fringe benefits.

PAYG installments

When are estimates/prepayments/withholding of tax due in Finland? For example: monthly, annually, both, and so on.

The withheld taxes are remitted monthly to tax authorities on employer’s own initiative. The due date for remitting is the 12th of the month following the payment month. For late filing there is a penalty fee of an annual interest rate of 15 percent. The minimum amount imposed is EUR5 and the maximum EUR15,000.00. The penal interest must be calculated and paid on the employer’s own initiative.

It is also under certain circumstances possible to agree with the tax administration on reporting and remitting taxes on a quarter year or annual basis.

In case the employee is responsible for the advance tax himself/herself, the amount of annual installments varies from one to twelve depending on the payable amount. The taxpayer will be sent an advance tax demand note, as well as transfer slips. The due date is the 23rd of each month.

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Relief for foreign taxes

Is there any Relief for Foreign Taxes in Finland? For example, a foreign tax credit (FTC) system, double taxation treaties, and so on?

In order to avoid double taxation, Finnish residents are upon a written request entitled to a tax credit for income subject to foreign tax. Foreign national taxes may be credited against the Finnish national income taxes, as well as the municipal income tax and the church tax. The maximum amount of foreign tax credit is the Finnish tax payable on the foreign income. Any residual credit may be carried forward to the following five tax years.

If provided for by a tax treaty, an exemption from Finnish tax is applied instead of a tax credit.

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General tax credits

What are the general tax credits that may be claimed in Finland? Please list below.

There are several credits that may be claimed.

General income

Deduction from state tax varies depending on taxable income, maximum EUR970 per year (in 2013).

Household deduction

The deduction is 45 percent if the service is purchased from a company that is registered in the prepayment register and 15 percent if the taxpayer has hired an employee to perform the service. The maximum amount of deduction in 2013 is EUR2,000 per person. The taxpayer’s own responsibility of the costs is EUR100/year.

Maintenance liability (child support payments)

The taxpayer who is liable for maintenance is entitled to a maximum EUR80 deduction per each minor aged child.

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Sample tax calculation3

This calculation assumes a married taxpayer resident in Finland with two children whose three-year assignment begins 1 January 2012 and ends 31 December 2014. The taxpayer’s base salary is USD100,000 and the calculation covers three years.

Exchange rate used for calculation: USD1.00 = EUR0.78.

Other assumptions

• All earned income is attributable to local sources.
• Bonuses are paid at the end of each tax year, and accrue evenly throughout the year.
• Interest income is not remitted to Finland.
• The company car is used for business and private purposes and originally cost USD50,000 (employee pays for gas/petrol and the car was purchased in 2011), taxable value EUR580 per month.
• The employee does not belong to the Finnish church.
• The employee is deemed resident throughout the assignment.
• Tax treaties and totalization agreements are ignored for the purpose of this calculation.
• Assumption lives in Helsinki and is under 53 years old.
• The employee is covered by the Finnish social security scheme.
• The calculation for 2014 is prepared based on the 2013 information as the tax percentage etc. for 2014 are not yet determined.

Calculation of taxable income

Calculation of tax liability

Please note that the tax calculation takes into account employee’s social security contributions which are paid by an employee who belongs to the Finnish social security scheme and are deductible for tax purposes. These social security payment amounts are not separately shown earlier. Also note that other income has been taxed as investment income at a rate of 30 percent in 2012 and 2013.

1Certain tax authorities adopt an ‘economic employer’ approach to interpreting Article 15 of the OECD model treaty which deals with the Dependent Services Article. In summary, this means that if an employee is assigned to work for an entity in the host country for a period of less than 183 days in the fiscal year (or, a calendar year of a 12-month period), the employee remains employed by the home country employer but the employee's salary and costs are recharged to the host entity, then the host country tax authority will treat the host entity as being the ‘economic employer’ and therefore the employer for the purposes of interpreting Article 15. In this case, Article 15 relief would be denied and the employee would be subject to tax in the host country.

2For example, an employee can be physically present in the country for up to 60 days before the tax authorities will apply the ‘economic employer’ approach.

3Sample calculation generated by KPMG Oy Ab, the Finnish member firm of KPMG International, based on the Finnish tax legislation, which is in force in March 2013.