BUSINESS GUIDE LITHUANIA 2015 - PWC

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BUSINESS GUIDE LITHUANIA 2015 - PWC
Business Guide
                        Lithuania 2015

General, tax and
legal information for
foreign investors
BUSINESS GUIDE LITHUANIA 2015 - PWC
Table of Contents
                                        General information                                                        2
                                        Facts and figures. Politics

                                        Economic environment                                                       6
                                        Key economic indicators. Attractive sectors.
                                        Regional and urban economic overview and trends

                                        Setting up a business                                                      10
                                        Ease of doing business. Types of entities.
                                        Accounting and audit requirements

                                        Investment incentives                                                      12
                                        Investment financing. Legal framework. Double tax treaties.
                                        Investment in real estate and land. Investment protection and guarantees

                                        Labour                                                                     16
                                        Conclusion of an employment agreement.
                                        Working conditions. State social security issues

                                        Immigration & permits                                                      18
                                        EU citizens. Non-EU citizens

                                        Tax system                                                                 20
                                        Corporate income tax. Withholding tax. Value added tax.
                                        Personal income tax. Social security. Other taxes

                                        Useful links                                                               31
                                        Exhibition and Conference Management. Transport and Communications.
                                        State Institutions. Largest Cities

                                        PwC                                                                        32
                                        Tax services. Legal services. Accounting services. Advisory services.
                                        Assurance services. PwC’s Academy. Contacts

© 2015 PricewaterhouseCoopers UAB. All rights reserved. PwC refers to the PwC network and/or one or more of its
member firms, each of which is a separate legal entity. Please see www.pwc.com/structure for further details.
© Šarūnas Mažeika / “Delfi”, photograph on the cover and on page 9.
© Vladimiras Ivanovas / “Verslo žinios”, photograph on page 3.
BUSINESS GUIDE LITHUANIA 2015 - PWC
Country Managing
Partner’s Foreword

                        I am happy to present an updated          Even in such complicated geopoliti-
                        edition of Business Guide of Lithuania    cal environment, we are happy and
                        2015. The Guide offers a useful           proud again to see Lithuania among
                        insight for corporate and individual      the fastest growing European coun-
                        investors planning to enter the Lithu-    tries in GDP terms in 2014. Besides,
                        anian market.                             new shared service centers and other
                        This edition covers the key aspects of    foreign investors continue establish-
                        undertaking a business and investing      ing in Lithuania.
                        in Lithuania: from establishing an        I hope you will find this Guide helpful
                        entity to employment issues. It intro-    as a reference and interesting to read.
                        duces the principal economic trends,      If you have any questions or com-
                        investment climate and regulatory         ments, please contact me or any of my
                        framework of the country. The Guide       fellow partners at PwC Lithuania.
                        also provides answers to many ques-
Kristina Kriščiūnaitė   tions that investors may face, and
Managing Partner        it is a useful starting point for eve-
for PwC Lithuania       ryone interested in doing business
                        in Lithuania.
                        PwC has a well-established practice
                        of advising companies and individuals
                        on business and tax aspects specific
                        to the Lithuanian market. We have
                        both, extensive expert knowledge
                        and professional experience in a full
                        range of business and legal issues.
                        Our people are dedicated and ready
                        to offer services tailored to the needs
                        of your business.

                                                                      Business Guide Lithuania 2015    1
BUSINESS GUIDE LITHUANIA 2015 - PWC
General
information

                                        Facts and figures                            Extending to 65,300 sq. km, Lithua­
                                                                                     nia is a larger country than Belgium,
                                        Geography                                    Denmark, the Netherlands or Swit-
                                        The Republic of Lithuania is situated in     zerland. Lithuania has around 99 km
                                        Northern Europe on the south-eastern         of sandy coastline devoted to a com-
                                        shore of the Baltic Sea. It is the largest   bination of leisure and conservation.
                                        of the three Baltic States, the other two    Lithuania has an ice-free port in
                                        being Latvia and Estonia. Lithuania          Klaipėda, which is the most impor-
                                        shares its borders with Latvia in the        tant and biggest Lithuanian transport
                                        north (558 km), Belarus in the south-        hub, connecting sea, land and railway
                                        east (653 km), Poland and the Kalinin-       routes from East to West.
                                        grad Region of the Russian Federation        The climate is midway between mari-
                                        in the south-west (104 km and 249 km,        time and continental. In January the
                                        respectively). To the west of the Baltic     average daytime temperature is -3°C
                                        Sea lie Sweden and Denmark.                  (27°F), rising in July to +20°C (68°F).

         Country facts                                                                                               Estonia

         Capital                        Vilnius                                                                      Latvia
         Area                           65,300 km²
                                                                                                                     Lithua­nia
         Population                     2.9 million
         Language                       Lithuanian
         Dominant languages             English, Russian, German, Polish
         Currency                       Euro (EUR)
         Source: Statistics Lithuania

2 Business Guide Lithuania 2015
BUSINESS GUIDE LITHUANIA 2015 - PWC
Starting from
                          1 January 2015
                          Lithuania adopted
                          the euro

Population and language
The population of Lithuania is 2.9
million. Some 84.2% of the popula-
tion are ethnic Lithuanians, 6.6% are
Poles, 5.8% are Russians, and 3.4% –
others.
Lithuania is the largest of the three
Baltic States, but globally it is a small
country. Its capital and the largest city
is Vilnius with a population of 541
thousand. The second and the third
largest cities are Kaunas and Klaipėda           Lithuania is among Top 40 countries
with a population of 303 thousand                in the world for the quality of life
and 157 thousand, respectively.
The official and most commonly
spoken language is Lithuanian. It is
                                                 Vilnius is among 5 least expensive
one of only two living languages                 EU capital cities to live in
(the other one being Latvian) of the
Baltic branch of the Indo-European
language family. About 92% of the
population speak one foreign lan-
guage (English, Russian, German or
Polish) and more than 50% speak two
foreign languages.

Time, weights and measures
Lithuania uses Eastern European Time,
which is two hours ahead of Green-
                                              90%
                                              of population
wich Mean Time (GMT+2 hours).
Every year, between March and                 have secondary
September, Lithuania introduces Day-          or higher

                                                               46%
light Saving Time (GMT+3 hours).
Lithuania uses the metric system of
                                              education
weights and measures and the Celsius
temperature scale.                                             of population
                                                               aged 25-34 have
Codes
The international extension code for
                                                               a university
Lithuania is 00 370.                                           degree
The country code used in the Internet
domain names is .lt.

                                                                 Business Guide Lithuania 2015   3
BUSINESS GUIDE LITHUANIA 2015 - PWC
Politics
                                  • According to the Constitution
                                    of the Republic of Lithuania
                                    (adopted in 1992), Lithuania is an
                                    independent democratic parlia-
                                    mentary republic.
                                  • The supreme legislative power is
                                    held by the Seimas (Parliament),
                                    consisting of 141 members elected
                                    for a term of four years on the basis
                                    of universal, equal and direct suf-
                                    frage and by secret ballot.
                                  • The President of Lithuania is            • In May 2013, President Dalia
                                    elected for a five-year term on            Grybauskaitė was awarded the
                                    the basis of universal, equal and          prestigious International Charle-
                                    direct suffrage and by secret ballot.      magne Prize, also known as “Oscar
                                    The President represents the state         in Politics”, for Lithuania’s con-
                                    of Lithuania and performs the func-        tribution to uniting the European
                                    tions prescribed to him/her by the         Union and building the economic
                                    Constitution and other laws. Cur-          stability of the whole Europe.
                                    rently, the President of Lithuania is    • The supreme executive power
                                    Ms Dalia Grybauskaitė, who is the          rests with the Prime Minister who
                                    first female president in the Lithua­      is appointed by the President and
                                    nian history. She was re-elected for       the Government. Currently, the
                                    the second term in 2014.                   position of Prime Minister is held
                                                                               by Mr Algirdas Butkevičius, the
                                                                               leader of the Social Democratic
                                                                               Party of Lithuania.
                                                                             • Lithuania joined NATO on 29 March
               For the first time in the country’s                             2004. On 1 May 2004, Lithuania
               history, Lithuanians will be able                               became a full member of the Euro-
                                                                               pean Union, and joined the Schen-
               to elect mayors by direct vote in                               gen Area on 21 December 2007.
               all municipalities in spring 2015                             • Lithuania was the first of the
                                                                               three Baltic States to hold the
                                                                               Presidency of the Council of the
                                                                               European Union (1 July 2013 –
                                                                               31 December 2013) since joining
                                                                               the European Union.
                                                                             • In 2013, Lithuania was elected to
                                                                               the United Nations Security Coun-
                                                                               cil. Lithuania was the first country
                                                                               from the Baltic States to be elected
                                                                               to such post.

                                  Lithuania’s court system

                                                                   Supreme
                                           Supreme               administrative            Constitutional
                                            court                   court                      court

                                         Court of appeals            5 regional
                                                                 administrative courts

                                         5 regional courts

                                         49 district courts

4 Business Guide Lithuania 2015
BUSINESS GUIDE LITHUANIA 2015 - PWC
Business Guide Lithuania 2015   5
BUSINESS GUIDE LITHUANIA 2015 - PWC
Economic
environment                                                                         Key economic
                                                                                    indicators
                                                                                    Economic indicators show that during
                                                                                    the past five years Lithuania’s econ-
                                                                                    omy has kept growing. As a result, in
                                                                                    2014 Lithuania succeeded in meeting
                                                                                    the EU criteria for the adoption of
                                                                                    the euro, and its national currency
                                                                                    (the litas) was replaced by the euro

                                  3.1%
                                                                                    on 1 January 2015.

                                                                                    Booming shared service centers

         2.9%                     GDP growth
                                  in 2015*
                                                                                    In 2014, Vilnius was elected as the
                                                                                    best destination for establishing
         GDP growth                                                                 shared service centres and outsourc-
         in 2014*                                                                   ing across the CEE region**. More and
                                                                                    more shared service centres choose
                                                                                    Lithuania as their destination due to
                                                                                    highly skilled well-educated profes-
                                                                                    sionals that are able to speak sev-
    Lithuania’s recovery continues                                                  eral foreign languages, a world-class
                                                                                    infrastructure and a good location.
                                                                                    Currently, there are 51 shared service
                                                                                    centres in Lithuania that provide
The main macroeconomic indicators for 2010-2015                                     worldwide high-quality services:
                                                                                    29% of these centres operate in IT
                                   2010      2011    2012   2013    2014*   2015*   sector and 25% of them provide
Nominal GDP (billion euro)         28.0      31.2    33.3   35.0    36.2    38.2    finance and accounting services. Vil-
GDP growth rate, %                 1.6       6.1     3.8    3.3     2.9     3.1     nius is the most popular location for
Average annual inflation, %        1.2       4.1     3.2    1.2     0.3     0.9     shared service centres in Lithuania –
Unemployment rate, %               17.8      15.4    13.4   11.8    10.6    9.7     the number of shared service centres
                                                                                    here increased by 82% during the
 * Forecast
                                                                                    past 3 years.

                                                                                     ** Source: www.ceeoutsourcingawards.com

Foreign direct                            Sweden, 3,033                                          26%
investments                          Netherlands, 1,236                  10%
(accumulated as at the end of
Q3 2014, million euro)
                                          Germany, 1,105                9%
                                            Norway, 780                7%
                                             Estonia, 696             6%
                                             Finland, 652             6%
                                             Poland, 637             5%
                                           Denmark, 519             4%
                                             Cyprus, 443            4%
                                             Russia, 387           3%
                                  Other countries, 2,348                             20%

6 Business Guide Lithuania 2015
BUSINESS GUIDE LITHUANIA 2015 - PWC
Lithuania’s biotechnology sector has    86% of the Lithuanian laser produc-
                                         been recognised as one of the most      tion. Such companies and organisa-
                                         developed in the Central and Eastern    tions as NATO, Pentagon, Nuclear
                                         Europe. Biotechnology research takes    Research Centre in Israel, Rezerford
                                         place in Lithuania, and the developed   Laboratories in England, Berkley Uni-
                                         techniques and products are applied     versity, Livermore National Labora-
                                         in the fields of medicine, pharmacy,    tory are the clients of the Lithuanian
Attractive sectors                       chemistry, agriculture, environment,    companies producing lasers.
Information and communication            etc. Lithuania’s biotechnology prod-    Renewable energy development is
technology sector of Lithuania is        ucts are recognised worldwide as 70%    becoming increasingly important for
the largest in the Baltic States. Over   of them are exported to over 70 coun-   Lithuania’s export, too. Emerging
25,000 employees in Lithuania            tries. Different R&D incentives are     potential of clean technology industry
are working in this sector. Modern       offered to support the development of   is supported by the fast development
technologies (such as EDGE tech-         biotechnology sector in Lithuania.      of five R&D and business valleys, the
nology, 3G mobile communications         Another high-tech sector in Lithuania   pool of 18,000 local scientists and
infrastructure with data speeds of       is laser technologies. Every tenth      researchers, world-class achievements
3.6 Mbps and mobile WiMAX 4G             laser sold worldwide has been made      in electronics, and increasing inter-
Internet), the fastest Internet upload   in Lithuania. World-class quality of    est of businesses with respect to the
in Europe (3rd for download speed in     laser production has been recognised    development of this industry.
Europe) and the greatest GSM pen-        by nearly 100 countries importing
etration in the EU – all these factors
make Lithuania especially attractive
for offshore services.
Lithuania’s engineering industry
has been constantly growing and
expanding by approximately 18%
every year since 2010. This industry
is highly competitive in terms of cost
                                                             The fastest Internet speed in Europe
and quality and it is well-integrated                        and the fastest public WiFi in the world
into the global supply chains. Prod-
ucts developed by the Lithuanian                             Engineering industry works for NASA,
engineers are often adapted by such                          Boeing, U.S. Army, BMW, Volkswagen,
international companies and organi-
sations as NASA, Boeing, U.S. Army,
                                                             Hitachi, Siemens, Mitsubishi
BMW, Volkswagen, Hitachi, Siemens
and Mitsubishi*.                                             Biotechnology sector is among the mostly
                                                             developed in the CEE region
                                                             Laser producers have NATO and
                                                             Pentagon as their clients
         Investments
         expanded in 2014
         Lindorff
         Thermofisher
         Danske Bank
         CITCO
                      Newcomers
                      in 2014                                      Did you know that
                      Ahlstrom                                     every 10th laser sold
                      Game Insight                                 in the world was
                      PKC group                                    made in Lithuania?
                      Valuetech
                      Revel Systems

 * Source: www.lietuva.lt

                                                                                     Business Guide Lithuania 2015   7
BUSINESS GUIDE LITHUANIA 2015 - PWC
Latvia

                                                                               Regional and
                                                                               urban economic
                 Klaipėda
                                       Šiauliai                                overview and
  Baltic Sea                                         Panevėžys
                                                                               trends
                                                                               Vilnius
                            Tauragė
                                                                               Vilnius is the capital and the larg-
                                       Kaunas                                  est city in Lithuania and it has been
                                                                               recognised as the economic, financial
                                                                 Vilnius       and commercial centre of Lithuania.
               Russia            Marijampolė
                                                                               According to the Lithuanian Depart-
                                                  Alytus
                                                                               ment of Statistics, Vilnius County
                                         Druskininkai                          itself accounted for around 39.2% of
                                                                     Belarus   Lithuania’s GDP in 2013. The GDP per
                  Poland                                                       capita in this County was calculated
                                                                               at LTL 58,600 (EUR 16,972) in 2013.
                                                                               Vilnius is ranked first in Lithuania in
                                                                               terms of foreign direct investment.
                                                                               Over 60% of foreign investments to
                                                                               Lithuania are concentrated in Vilnius.
                                                                               Vilnius offers business-friendly
                                                                               environment, highly qualified human
                                                                               resources and a convenient geograph-
                                                                               ical location as it stands in the centre
                                                                               of Europe. Most of shared service
                                                                               centres established in Lithuania are
                                                                               operating in Vilnius.

                                               Western Union, Barclays, Swedbank, SEB, Computer
                                               Science Corporation (CSC), Danske Bank have
                                               established their shared service centres in Vilnius.

8 Business Guide Lithuania 2015
The County generates 19.7% of
                                                                                      total GDP in Lithuania with about
                                                                                      LTL 40,300 (EUR 11,672) nominal
                                                                                      GDP per capita.
                                                                                      Kaunas is mainly focussing on the de-
                                                                                      velopment of technologies and inno-
                                                                                      vation. Science and technology park
                                                                                      Technopolis provides infrastructure
                                                                                      and innovation support services for
                                                                                      small and medium enterprises. It also
                                                                                      helps to attract the talented scien-
                                                                                      tists to the business organisations in
                                                                                      Kaunas and foster entrepreneurship
                                                                                      in general. There are 2 integrated
                                                                                      science, study and business centres
                                           Kaunas                                     (valleys) in Kaunas – Santaka and
                                           The favourable geographical loca-          Nemunas. Santaka – the first medi-
    Kaunas has become an
                                           tion, convenient road, rail, water and     cal and pharmaceutical valley in the
    increasingly popular                   air infrastructure, strong R&D base,       Baltic States – has been established
    investment destination                 highly skilled labour force, flourish-     for public and private research to
                                           ing knowledge-based businesses and         set up knowledge-intensive busi-
    for the companies
                                           modern industry make Kaunas region         nesses and provide value-added,
    searching for IT solutions:            one of the most attractive places for      knowledge-intensive services, while
    Callcredit, Intermedix                 investment in Lithuania and the Baltic     Nemunas promotes the development
                                           States as a whole. It is a city of young   of Lithuanian agriculture, forestry
    and Virtustream have
                                           people, having the second largest          and food sectors.
    chosen Kaunas for                      number of students in Lithuania
    their expansion.                       (approx. 34,000), studying at one
                                           of the seven universities here.

Klaipėda
The port of Klaipėda is the northern-
most ice-free port on the east coast of
the Baltic Sea. In 2013, the dredging
works were finished, which improved
the safety of large ships in the port.
The reconstruction also improved
its competitiveness and increased its
capacity compared to the neighbour-
ing ports.
A convenient geographical location,
sustainable economic growth, excel-
lent infrastructure, highly skilled hu-
man resources, competitive business
development costs and incentives
for investors make Klaipėda espe-                 FSRU Independence makes Lithuania
cially attractive for foreign investors.
                                                  the 1st Baltic State that can ensure gas
The dominant sectors in Klaipėda are
shipbuilding and ship repairs as well             supply from an alternative source.
as transportation and logistics*.
The project of the liquefied natural
gas (LNG) terminal was implemented
in Klaipėda in 2014. The commer-           (FSRU) technology. The newly-built         trains. Palanga International Airport
cial operations of the terminal are        FSRU vessel “Independence” was             is located only 35 km from Klaipėda,
expected to start in January 2015.         docked in Klaipėda on 27 October           it offers connecting flights to a variety
The LNG terminal, located at the port      2014. The terminal will be able to         of European cities.
of Klaipeda, is based on the Float-        meet 90% of gas supply needs of the        Klaipėda County itself accounted
ing Storage and Regasification Unit        three Baltic States**.                     for around 12% of Lithuania’s total
                                           Klaipėda offers cargo delivery possi-      GDP in 2013. In 2013 the GDP per
                                           bilities for business in a much shorter    capita in the County was calculated
  * Source: www.investinklaipeda.com       time and at a lower tariff by container    at LTL 43,800 (EUR 12,685).
 ** Source: www.investlithuania.com

                                                                                          Business Guide Lithuania 2015      9
Ease of doing
Setting                                                                                                         business
                                                                                                                According to the World Bank’s Doing

up a business
                                                                                                                Business 2015 report, Lithuania ranks
                                                                                                                24th among the world’s most busi-
                                                                                                                ness-friendly countries. Lithuania’s
                                                                                                                strengths are demonstrated in the
                                                                                                                fields of registering property, starting
                                                                                                                a business, enforcing contracts and
                                                                                                                trading across borders.
Setting up a business is quick and easy

           Open a bank                                Submit establish-                 Register company                  Open a settlement
           account with                               ment documents                    with the Register                 bank account for
           minimum capital                            to a notary                       of Legal Entities                 ordinary transactions

           1 day                                      1 day                             3 days                            1 day

Types of entities                                           Private limited liability company (UAB)             Public limited liability company (AB)
                                                            - Separate legal entity (legal entity with lim-     - Separate legal entity (legal entity with lim-
                                                              ited liability)                                     ited liability)
                                                            - A shareholder may be held liable for the ob-      - A shareholder may be held liable for the ob-
                                                              ligations of a company only in the event of         ligations of a company only in the event of
                                                              failure to fulfil the obligations due to unfair     failure to fulfil the obligations due to unfair
                                                              actions of the shareholder                          actions of the shareholder
                                                            - May engage in any legitimate activities           - May engage in any legitimate activities
                                                            - May engage in licensed activities upon            - May engage in licensed activities upon
                                                              obtaining the respective licence                    obtaining the respective licence
                                                            Minimum amount of share capital is                  Minimum amount of share capital is.
                                                            EUR 2,500                                           EUR 40,000
                                                            Registration in 1–2 weeks                           Registration in 1–2 weeks
                                                            General meeting of shareholders (sole share-        General meeting of shareholders (sole share-
                                                            holder) and general manager (single-member          holder) and general manager (single-member
                                                            management body) are mandatory bodies               management body) are mandatory bodies
                                                            Management board (min. 3 members) and               Management board (min. 3 members) and
                                                            (or) supervisory council (3-15 members) are         (or) supervisory council (3-15 members) are
                                                            optional bodies.                                    optional bodies. As from 1 July 2015, it will
                                                                                                                be mandatory for a public limited liability
                                                                                                                company (AB) to have either management
                                                                                                                board or supervisory council.
                                                            No residence requirements to the general            No residence requirements to the general
                                                            manager, other members of other bodies              manager, other members of other bodies
                                                            Employment contract must be concluded be-           Employment contract must be concluded be-
                                                            tween the general manager and the company           tween the general manager and the company
                                                            Audit required, if the certain criteria are met*    Audit required
 * Audit required, if at least two of the following
   criteria are met:                                        Comprehensive tax regulation                        Comprehensive tax regulation
   - net revenue from sales exceeds EUR 3.5 million
   for the financial year;                                  - Transfer pricing regulation is applicable         - Transfer pricing regulation is applicable
   - value of assets in the balance sheet exceeds           - Transfer pricing documentation is manda-          - Transfer pricing documentation is manda-
   EUR 1.8 million;
                                                              tory when turnover is over EUR 2.9 million          tory when turnover is over EUR 2.9 million
   - average number of employees exceeds 50 for
   the financial year.                                      Thin capitalisation rules apply (4:1)               Thin capitalisation rules apply (4:1)

10 Business Guide Lithuania 2015
Accounting and
                                                                                                                                                                                                                                                        audit requirements
                                                                                                                                                                                                                                                        Limited liability companies may
                                                                                                                                                                                                                                                        choose at their own discretion
                                                                                                                                                                                                                                                        to follow either the Lithuanian
                                                                                                                                                                                                                                                        Business Accounting Standards or
Ranking according to the World Bank‘s: Doing Business 2015 report
                                                                                                                                                                                                                                                        International Financial Reporting
                             Ease of Doing Business                                                                                                                                                                                                     Standards (IFRS).

                                                                                                                                                                                  Trading Across Borders
                                                                                                                                                                                                                                                        Companies whose securities are

                                                                            Construction Permits

                                                                                                                                                                                                                                 Resolving insolvency
                                                                                                   Registering Property

                                                                                                                                                                                                           Enforcing Contracts
                                                      Starting a Business

                                                                                                                                             Protecting Minority
                                                                                                                                                                                                                                                        traded in the regulated markets must
                                                                                                                                                                                                                                                        keep their accounting records and

                                                                                                                            Getting Credit

                                                                                                                                                                   Paying Taxes
                                                                            Dealing with                                                                                                                                                                prepare their financial statements in

                                                                                                                                             Investors
                                                                                                                                                                                                                                                        accordance with IFRS.
                                                                                                                                                                                                                                                        If the financial year of a company
                             Rank

                                                                                                                                                                                                                                                        coincides with a calendar year,
Belarus                        57                         40                  51                       3                       104             94                    60               145                      7                     68                 the financial statements must be
Czech Republic                 44                         110                 139                      31                      23              83                    119              58                       37                    20                 approved by the general meeting
Estonia                        17                         26                  20                       13                      23              56                    28               6                        32                    37                 of shareholders by 1 May of the
Hungary                        54                         57                  103                      52                      17              110                   88               72                       20                    64                 following calendar year.
Latvia                         23                         36                  47                       32                      23              49                    24               28                       16                    40                 The financial statements together
Lithuania                      24                         11                  15                       9                       23              78                    44               21                       14                    67
                                                                                                                                                                                                                                                        with an independent auditor’s report
                                                                                                                                                                                                                                                        (in case of statutory audit) must be
Poland                         32                         85                  137                      39                      17              35                    87                41                      52                    32
                                                                                                                                                                                                                                                        submitted to the Register of Legal
Romania                        48                         38                  140                      63                      7               40                    52                65                      51                    46
                                                                                                                                                                                                                                                        Entities, and they must be made
Russian Federation             62                         34                  156                      12                      61              100                   49                155                     14                    65
                                                                                                                                                                                                                                                        publicly available in accordance
Slovak Republic                37                         77                  110                      11                      36              100                   100               71                      55                    31
                                                                                                                                                                                                                                                        with the legal acts.
Source: The World Bank: Doing Business, 2015

Branch office                                                                                                             Representative office                                                                                                         Operating as a foreign company
- Structural unit of a foreign company (not                                                                               - Structural unit of a foreign company (not                                                                                   No registered presence (operations through
  a separate legal entity)                                                                                                  a separate legal entity)                                                                                                    a foreign company, without any registrations
- A founder is liable for the obligations of                                                                              - A founder is liable for the obligations of                                                                                  in Lithuania)
  a branch/ representative office                                                                                           a branch/ representative office
- May engage in all or any part of the busi-                                                                              - May engage in limited-scope operations:                                                                                     - May engage in any legitimate activities
  ness activities of a founder                                                                                              act on behalf of the founder, etc.                                                                                          - For licensed activities, registration of
- May engage in licensed activities with                                                                                  - May engage in licensed activities with                                                                                        a company or a branch may be necessary
  certain restrictions                                                                                                      certain restrictions
No share capital requirements                                                                                             No share capital requirements                                                                                                 No share capital requirements
Registration in 1–2 weeks                                                                                                 Registration in 1–2 weeks                                                                                                     No registration required
General manager is a mandatory manage-                                                                                    General manager is a mandatory manage-                                                                                        Bodies and their composition are regulated
ment body                                                                                                                 ment body                                                                                                                     by the country of incorporation
No additional corporate body may be formed                                                                                No additional corporate body may be formed                                                                                    Bodies and their composition are regulated
                                                                                                                                                                                                                                                        by the country of incorporation
If the founder of a branch is a non-EEA com-                                                                              If the founder of a branch is a non-EEA com-                                                                                  No residence requirements apply
pany, at least one person acting on behalf                                                                                pany, at least one person acting on behalf
of the branch / representative office should                                                                              of the branch / representative office should
reside in Lithuania.                                                                                                      reside in Lithuania.
Employment contract must be concluded                                                                                     Employment contract must be concluded
between the general manager and the                                                                                       between the general manager and the repre-                                                                                    No employment contracts are required
branch or the founder                                                                                                     sentative office or the founder
Audit may be performed as a part of the                                                                                   Audit may be performed as a part of the
founder’s audit                                                                                                           founder’s audit                                                                                                               No audit is required
Less comprehensive tax regulation                                                                                         Less comprehensive tax regulation
- Transfer pricing regulation is applicable                                                                               - Transfer pricing regulation is applicable                                                                                   Less comprehensive tax regulation
- Transfer pricing documentation is manda-                                                                                - Transfer pricing documentation is manda-                                                                                    - Transfer pricing regulation is applicable
  tory when turnover is over EUR 2.9 million                                                                                tory when turnover is over EUR 2.9 million                                                                                  - Transfer pricing documentation is manda-
No thin capitalisation rules apply                                                                                        No thin capitalisation rules apply                                                                                              tory when turnover is over EUR 2.9 million
                                                                                                                                                                                                                                                        No thin capitalisation rules apply

                                                                                                                                                                                                                                                           Business Guide Lithuania 2015          11
Investment
incentives
                                                                                         During 2014-2020, the
                                                                                         level of funding obtained
                                                                                         by Lithuania from the
                                                                                         EU Structural Funds will
Investment                                 Legal framework                               exceed that of the other
financing                                  The legal system of Lithuania rec-            Baltic States.
                                           ognises the generally accepted
Lithuania enjoys the benefits of being
                                           principles of the legal regulation of
a member of the European Union.
                                           investments. The principle of equal
Both local and foreign businesses, hav-
                                           treatment means that both Lithuanian
ing decided to expand their activity
                                           and foreign investors have equal
into the Lithuanian market, can apply
                                           business conditions defined in the
for the support from the EU Structural
                                           Lithua­nian Law on Investment and             Double tax
Funds. During the period from 2014 to
2020, Lithuania is expected to receive
                                           other relevant legislation. The princi-       treaties
                                           ple of equal protection means that the
more than EUR 12.7 billion in struc-                                                     As at 1 January 2015, Lithuania
                                           laws of Lithuania protect the rights
tural assistance. EUR 7.2 billion of the                                                 had 53 double tax treaties that
                                           and lawful interests of both local and
total amount is assigned to the EU Co-                                                   provide for certain tax benefits for
                                           foreign investors.
hesion policy, which includes invest-                                                    foreign investment in Lithuania.
ment in human capital, infrastructure
and public administration. The EU
funds are used to upgrade companies
and the manufacturing sector, pro-
mote exports, create industrial parks,        List of the double tax treaties
establish new product development
                                              Armenia             France              Korea              Singapore
and testing laboratories, renovate            Austria             Georgia             Latvia             Slovakia
kindergartens and schools, recon-             Azerbaijan          Germany             Luxembourg         Slovenia
struct churches and manors, and build         Belarus             Great Britain and   Macedonia          Spain
hotels, bicycle paths and ski runs.           Belgium             Northern Ireland    Malta              Sweden
                                              Bulgaria            Greece              Mexico             Switzerland
Both local and foreign micro, small           Canada              Hungary             Moldova            Turkey
and medium enterprises as well                China               Iceland             Netherlands        Turkmenistan
as larger companies established in            Croatia             India               Norway             UAE
Lithua­nia may apply for the non-             Cyprus              Ireland             Poland             Ukraine
                                              Czech Republic      Israel              Portugal           USA
refundable EU support.                        Denmark             Italy               Romania            Uzbekistan
                                              Estonia             Kazakhstan          Russia
                                              Finland             Kyrgyzstan          Serbia

                                                                  Both foreign and local investors have
                                                                  equal rights in terms of protection
                                                                  of their investments.

12 Business Guide Lithuania 2015
Methods of investing in Lithuania
                                              -   Establishing a company, acquiring shares/stake in the company.
                                              -   Acquiring property in Lithuania.
                                              -   Acquiring control over the company by granting the loan, etc.
                                              -   Concluding contracts of concession, leasing and partnership with
                                                  public/private companies.

Free economic zones                        Kėdainiai FEZ also plays an impor-                logistic opportunities of railway and
A free economic zone (FEZ) is a ter-       tant and strong role in attracting                motor transport across the Baltic Sea
ritory designated for the purpose of       foreign investment in Lithuania.                  Region, Europe and Asia. Baltic FEZ
economic-commercial and financial          According to the amount of foreign                has been established by a team of pro-
activities where companies enjoy pref-     direct investment per capita in 2012,             fessionals, who are willing to respon-
erential economic and legal condi-         Kėdainiai district had the highest rate           sibly assist investors in the process of
tions for their operation. Each FEZ is     among other districts within Kaunas               setting up and developing a successful
established by a separate law.             County (4,444 EUR/capita). This rate              business.
In 1996 two FEZs were established          was 70% higher than Kaunas County                 Panevėžys FEZ offers access to a wide
in Lithuania: one in Kaunas and the        rate. Major investors in economic                 pool of employees from a city where
other one in Klaipėda. They were           activities of Kėdainiai district are from         the industries of metalwork, electron-
established for a period of 49 years.      Russia, Denmark and Finland.                      ics, textile, food and beverages have
As of 1 January 2012, five more            Baltic FEZ in Marijampolė is lo-                  been developed for a long time. There
FEZs were established in Akmenė,           cated at a crossroad of wide (Russian             are schools in Panevėžys preparing
Kėdainiai, Marijampolė, Panevėžys          standard gauge) and narrow railway                qualified workers in the areas of elec-
and Šiauliai. At the moment, how-          tracks conveniently accessible by                 tronics, mechatronics, electrical and
ever, Akmenė and Panevėžys FEZs are        road. It, therefore, provides seamless            other kinds of engineering.
not operating yet as the procedures
have not been finalised yet.
With superb road, rail and sea access,
Klaipėda FEZ forms part of the hub
of a multi-modal transport network.                           Free economic                     No tax
It was identified in the European                                                               on dividends for foreign
Union Transport Infrastructure Needs
                                                                      zones                     investors
Assessment (TINA) programme as
a site for the establishment of a logis-
tics centre, forming a part of the Euro-
                                                                            No tax
pean-wide network of these centres.
Kaunas FEZ offers both a strategic
                                                                            on real estate
                                                                                                        No corporate
geographic location and excellent                                                                       income tax
                                                                                                        during the first 6 years and
development conditions. Situated                                                                        only 50% (i.e. 7.5%) of
next to Kaunas International Airport                                                                    corporate income tax over
and in the proximity of the ice-free                                                                    the next 10 years
Klaipėda Seaport, Kaunas FEZ is
conveniently accessible via road and
railway systems.

                                                                                               Business Guide Lithuania 2015           13
5 integrated R&D and business centres (valleys)
                                                                                     5 free economic zones (active)
                                                                                     19 industrial parks

                                                          Latvia

                                     Akmenė
                           Telšiai
                                         Kuršėnai
                                             Šiauliai
                                                Radviliškis
                 Klaipėda                                      Panevėžys
  Baltic Sea
                                                              Ramygala

                               Tauragė
                          Pagėgiai
                                                      Kėdainiai Ukmergė
                                                                                                         Investment in real
                                     Kaunas                                                              estate and land
                                                                           Vilnius                       Land (except for agricultural and
               Russia
                                            Marijampolė
                                                                                                         forestry) may be acquired only by
                                                                                                         companies or individuals who are
                                                                                                         established or residing in the EU, in
                        Poland
                                                                             Belarus                     countries that have signed the Europe-
                                                                                                         an Treaty with the EC member states
                                                                                                         or in countries that are the members
                                                                                                         of OECD, NATO or EEA. Such indi-
                                                                                                         viduals and companies are allowed to
Industrial parks                                      Science and business valleys                       buy up to 500 hectares of farmland
Lithuania attracts investors not                      5 integrated science, research and                 (or more if the buyer is a stockbreed-
only to its FEZs but to its industrial                business valleys are being developed               er), provided that the buyer has at
parks (IPs), as well. Industrial sites                in the territories of Vilnius, Kaunas              least 3 years of farming experience
in Lithuania have already been fully                  and Klaipėda. Each of these val-                   or has completed studies leading to
prepared for business use and they                    leys specialises in a different area of            agriculture-related profession.
have the entire necessary physi-                      scientific research: laser and light               Registration of property in Lithuania
cal infrastructure which has been                     technologies, civil engineering,                   is smooth and simple. Generally, no
brought to the investor’s land plot                   biotechnology, molecular medicine,                 stamp duties are charged on sale/
free of charge. Currently, eight                      nanotechnologies, sustainable chem-                purchase transactions. Real estate-
state-owned IPs (in Akmenė, Alytus,                   istry and bio pharmacy, information                related transactions, however, require
Kėdainiai, Marijampolė, Pagėgiai,                     and communication technologies,                    notary’s approval. A notary fee
Panevėžys, Radviliškis and Šiauliai)                  electronics and organic electronics,               payable by a legal entity on sale/pur-
and eleven private IPs (in Vilnius,                   and others.                                        chase of real estate amounts to 0.45%
Ukmergė, Tauragė, Šiauliai, Klaipėda,                 In February 2013, Vilnius University               of the real estate price, but it may not
Panevėžys, Telšiai, Kaunas and                        National Scholarly Communication                   be less than EUR 29 and not more
Kėdainiai municipalities) are being                   and Information Centre was opened                  than EUR 5,800. Besides, changes in
developed.                                            at Sunrise Valley. It is a part of a Sun-          real estate ownership rights must be
An investor’s needs are of primary im-                rise Valley project which attempts to              registered with the Real Estate Regis-
portance, so land in these industrial                 promote growth of knowledge-inten-                 ter. The amount of the fee charged for
parks may be subdivided into smaller                  sive economic activities in Vilnius.               the registration of a title to immov-
parts and further leased for long-term                Furthermore, a joint health science                able property depends on the type
periods at favourable prices. The IPs                 centre is expected to open in 2015.                and value of that property.
established in smaller towns are
rapidly developing, as they can offer
cheaper but effective, well-qualified
and highly motivated labour force
in addition to more favourable real
estate rent prices.
                                                              In industrial parks infrastructure
                                                              is brought to the investor’s land
                                                              plot free of charge.

14 Business Guide Lithuania 2015
Lithuania ranks                    9th
                                                                        in the world for ease of
                                                                        property registration
Investment
protection and
guarantees
Lithuanian legislation protects
investors’ rights and lawful interests.
The laws provide for the rights of an
investor to manage, use and dispose
of the investment.
Foreign investors have the right to le-
gal assistance in the event of violation
of their rights and lawful interests.
Investment disputes between foreign         Investment in a Lithua­nian                        Business reorganisation
investors and Lithuania are resolved        subsidiary                                         Companies in Lithuania may be
by way of mutual agreement of the           The following exemptions from                      merged and divided by means of
parties, by the courts of Lithuania,        taxes are available when investing in              reorganisation in line with certain
international arbitration institutions      a Lithuanian subsidiary:                           conditions set forth in the Lithuanian
or other institutions.                      • There is no capital (stamp) duty on              Civil Code, Law on Companies, Law
In the event of investment disputes,           acquisition of shares.                          on Corporate Income Tax and other
foreign investors have the right to refer   • There is no capital (stamp) duty on              legislation. Only the legal entities of
directly to the International Centre for       increase in the share capital.                  the same legal form may be involved
Settlement of Investment Disputes.          • Reduction of share capital that was              in reorganisation (with some excep-
                                               formed from reserves and retained               tions indicated in special laws).
                                               earnings and paid to corporate                  As from 29 December 2007, the
                                               residents is not subject to tax as              cross-border mergers are performed
                                               long as the conditions for the                  according to the Lithuanian Law on
                                               participation exemption applied to              Cross-border Mergers of Limited Li-
                                               dividends are met.                              ability Companies implementing the
                                            • Reduction of share capital that was              Directive 2005/56/EC.
                                               formed from shareholders’ contri-               If properly structured, mergers are
                                               butions is not subject to tax.                  tax neutral.

The majority of office buildings in
                                            Modern and affordable office space
Lithuania have been built after 2005.
A few large projects are in the pipe-       Location                   Total vacant area     Average price EUR/m²/month
                                                                       of office space, m²
line that will significantly increase
the total modern office space in the                                                         Class A              Class B
Vilnius market in 2015 – 2017.              Vilnius                    25,600                12.0 – 15.0          7.8 – 11.0
                                            Kaunas                     1,300                 9.0 – 11.5           5.2 – 7.2
                                            Klaipėda                   9,000                 9.0 – 11.5           5.2 – 7.2
                                            Source: www.ober-haus.lt

                                                                                                  Business Guide Lithuania 2015     15
Labour
With around 3 million inhabitants,
Lithuania is quite a small market in
                                          Conclusion of                              The parties may agree to apply for-
                                                                                     eign law to their employment agree-
Eastern Europe. However, one of the       an employment                              ment. Despite such agreement, how-
main advantages of the Lithuanian
labour market is its qualified special-
                                          agreement                                  ever, the Lithuanian mandatory rules
                                                                                     would prevail if the actual workplace
ists in social sciences, economics and    Structure of an employment                 of the employee under the employ-
law. A strong IT sector, engineering,     agreement                                  ment agreement is in Lithuania.
manufacturing and construction are        There is no standard form of an            Social partners that include employee
other highly qualified fields.            employment agreement, but it must          and employer organisations are
According to the available data,          contain the main employment provi-         seeking to reduce the administra-
Lithuania has highly educated tal-        sions, for example, the employee’s         tive burden of employers. Recently,
ent pool*. It ranks 1st in the EU for     place of work, job duties, etc. The rec-   several amendments simplifying the
mathematics, science and technology       ommended form of the employment            recruitment procedure have come
graduates per capita.                     agreement has been approved by the         into force. It is no longer required
In general, the Lithuanian regulatory     resolution of the Lithuanian Govern-       to have the register of employment
legislation on employment is employ-      ment. It may be updated depend-            contracts or issue a work certificate to
ee-oriented and is mainly governed by     ing on the needs of the employers          employees. Moreover, employers may
the Lithuanian Labour Code. The ba-       (e.g. non-competition or non-solicita-     opt for sustaining from the provision
sic provisions are defined below.         tion obligations of employees may be       of pay slips to employees or simply
                                          provided). The Lithuanian version of       send them by email.
                                          the employment agreement may be
                                          accompanied by an equivalent version       Term of an employment
                                          in any foreign language.                   agreement
                                                                                     Employment agreement in Lithuania
                                                                                     may be concluded:
                                                                                     • for an indefinite period, or:
                                                                                        - for a fixed period – (up to 5 years)
                        Lithuania has the highest ICT literacy
                                                                                           if the work is of a temporary na-
                        in the EU – 97% of students obtain                                 ture. However, it is prohibited to
                        ICT skills at secondary schools                                    conclude a fixed-term employ-
                                                                                           ment agreement if the work is
                                                                                           of a permanent nature, except
                                                                                           for the cases set forth in relevant
          Administrative burden of employers                                               laws or collective employment
          is simplified and reduced                                                        agreements, or if an employee
                                                                                           was employed to a new job
                                                                                           opening until 31 July 2015;
                                                                                        - temporary – (up to 2 months)
                                                                                           if the work is urgent or tempo-
                                                                                           rary in nature or is intended to
                                                                                           substitute employees who are
                                                                                           temporarily absent;
       Minimum wage                                                                     - seasonal – (up to 8 months

                      EUR 1.82
                                                                                           during a year) if the work is
                                                                                           seasonal in nature.
                                                                                     A probationary period may be estab-
                                                                                     lished in employment agreements,
                      per hour (gross)                                               except for the temporary employment
                                                                                     agreements. The maximum proba-

                      EUR 300
                                                                                     tionary period is 3 months.

                      per month (gross)

                                                                                      * Source: www.investlithuania.com

16 Business Guide Lithuania 2015
Working                                                          State social
conditions                                                       security issues
Working time                                                     The Lithuanian state social insurance
The normal working time for an em-                               scheme includes insurance for pen-
ployee should not exceed 40 hours per                            sions, health, illness and maternity,
week and eight working hours per day.                            unemployment, accidents at work and
A five-day working week is standard,                             occupational diseases. There is no
but it may be extended to a six days                             statutory requirement for the employ-
                                                                                                                                         A probationary period
working week in certain cases. Gener-                            ers to provide additional individual                                    may be established in
ally, overtime is prohibited. An em-                             insurance to their employees.                                           employment agreements
ployer may apply overtime only in                                However, additional insurance might
exceptional cases specified by the Lith-                         be required in connection with
uanian Labour Code or provided there                             your business activities in Lithuania
is a written consent of the respective                           (e.g. insurance of professional/com-
employee. The overtime work must not                             mercial liability of the company).
exceed 4 hours in two consecutive days
and 120 hours per year unless a collec-
tive employment agreement provides
up to 180 hours per year.                                        Lithua­nian statutory holidays

                                                                 Date                             Holiday
Holidays
The minimum annual paid holiday                                  1 January                        New Year's Day
entitlement is 28 calendar days.                                 16 February                      Independence Day (Re-establishment of the State of Lithua­nia)
Additional annual holiday benefits                               11 March                         Re-establishment of Lithua­nia's Independence
are foreseen for certain groups of                               Set yearly                       Easter Sunday and Easter Monday
employees (e.g. disabled persons,                                1 May                            International Labour Day
employees under eighteen years of                                First Sunday in May              Mother‘s Day
age, employees working the night                                 First Sunday in June             Father‘s Day
shifts or in abnormal/harmful                                    24 June                          Rasos (Midsummer Festival) and Joninės (St John’s Day)
conditions). Annual paid holiday                                 6 July                           Statehood Day (Coronation of the King Mindaugas)
leave must be granted in the same                                15 August                        Assumption Day
working year, usually after the                                  1 November                       All Saints’ Day
end of the period of six months of
                                                                 24 December                      Christmas Eve
employment.
                                                                 25 and 26 December               Christmas

Termination of an employment agreement

Cases of employment termination                 Grounds for termination                          Notice period*                                    Severance payment
Expiry of an employment                         Expiry of the term provided for in               N/A                                               N/A
agreement                                       the employment agreement
Mutual consent between the                      Written agreement on the                         Offer to terminate an employment                  N/A
parties                                         termination of the employment                    agreement must be accepted
                                                agreement                                        within 7 days
Notice of an employee                           At any time by serving to the                    - 14 working days                                 N/A
                                                employer a prior written notice                  - 3 working days in certain
                                                                                                   circumstances (e.g. sickness or
                                                                                                   disability, retirement)
Fault of an employee                            - Gross breach of employment                     N/A                                               N/A
                                                  duties, such as disclosure
                                                  of commercial information,
                                                  unreasonable absence from
                                                  work for a whole day, etc.
                                                - Repeated breach of employment
                                                  duties within the last 12 months**
For substantial reasons and                     Reasons related to professional                  - 2 months                                        1-6 average monthly salaries
without the fault of the employee               qualification of the employee,                   - 4 months for certain categories                 depending on the service period
                                                his/her performance, economic                      of employees, (e.g. for                         of the employee
                                                and technological aspects,                         employees raising children
                                                restructuring of the company’s                     under 14 years of age or
                                                activities, etc.                                   persons of pre-retirement age)
  * The termination of the employment agreement during the probationary period is permissible with a 3 days’ notice either on the initiative of the employee or the employer. The Lithuanian
    Labour Code prohibits from terminating the employment agreement with employees raising children under 3 years of age on the initiative of an employer and without the fault of an
    employee. This restriction does not apply if the employment is terminated on the grounds of expiry of the term.
 ** Statutory period for finding out the breach and imposing disciplinary measures apply.

                                                                                                                                        Business Guide Lithuania 2015                          17
Immigration
& permits                                                                           EU citizens
                                                                                    EU citizens and their family members
                                                                                    are free to stay and work in Lithuania.
                                                                                    Even if the family members of EU citi-
                                                                                    zens are non-EU citizens, they are is-
                                                                                    sued a residence certificate of a family
                                                                                    member of an EU citizen

                                                                                    Non-EU citizens
                                                                                    A non-EU citizen needs a visa to enter
                                                                                    Lithuania, unless a visa-free regime
                                          Lithuania is a Member State of the        is applied.
                                          European Union (EU) and a member          Diplomatic missions or consular posts
                                          of the Schengen Area, therefore, the      of Lithuania issue visas to non‑EU
                                          Lithuanian immigration laws were set      citizens who intend to travel to
                                          to regulate the freedom of movement       Lithuania. The procedure and neces-
                                          of the nationals of other countries to    sary documentation depend on the re-
                                          Lithuania. Thus, any EU citizen is free   quirements of a particular diplomatic
                                          to stay in Lithuania nearly without       mission or consular post of Lithuania.
                                          any legal obligations. Non-EU citizens    If a non-EU citizen stays in Lithuania
                                          (foreign nationals) might be subject      for a period longer than 3 months, a
                                          to additional requirements, which are     temporary or permanent residence
                                          discussed below.                          certificate should be obtained.
                                                                                    A non-EU citizen must submit an
                                                                                    application for a residence permit
                                                                                    and other documents to a diplo-
                                                                                    matic mission or a consular post
                                                                                    of Lithuania abroad. A non-EU
                       No work or residence permits are                             citizen who is lawfully staying in
                       required for EU citizens                                     Lithuania, must submit the applica-
                                                                                    tion to the Migration Department in
                                                                                    the territory of which he intends to
                                                                                    reside. Such lodging of application,
                                                                                    however, does not entitle a non-EU
                                                                                    citizen to stay in Lithuania before the
                                                                                    application has been examined and
                                                                                    a decision on the issue of a residence
                                                                                    permit has been adopted.

        No actions              Temporary                   Permanent
        are required            residence                   residence
        upon entry              certificate is              certificate is
                                required                    required

        3 months       3 – 12 months              5 years

18 Business Guide Lithuania 2015
Employment of highly skilled foreigners
                                                                   has been simplified

Work permit
If a non-EU citizen intends to work in
                                                     The EU Blue Card allows working and living
Lithuania, a work permit is required.
The requirement to have a work                       in Lithuania or another EU Member State
permit applies to both, short and
long-term stay cases.
The main exemptions from the re-
quirement to obtain a work permit are
as follows:
• When a non-EU citizen stays in
    Lithuania for up to 3 months: to
    negotiate a contract or the terms
    of its implementation; to train per-
                                           The EU Blue Card – employment             As from 1 November 2014, certain
    sonnel; to undertake commercial
                                           of highly skilled non-EU citizens         amendments to immigration law
    activities; or to install equipment;
                                           The EU Blue Card is Europe’s answer       came into force. The amendments
• When a non-EU citizen is posted
                                           to the US Green Card. It is designed to   are intended to simplify the proce-
    to Lithuania from other group com-
                                           attract the non-EU citizens who have      dure for employing highly skilled
    pany for the period no longer than
                                           completed at least the first stage of     foreigners in Lithuania. If the salary
    3 years to perform highly skilled
                                           tertiary education to the EU. The Blue    proposed to such employees is greater
    work necessary to ensure further
                                           Card is an EU-wide approved work          than 3 national average monthly
    activities of the Lithuanian com-
                                           permit allowing highly skilled non-       wages (approx. EUR 2,100 in total),
    pany, provided he/she has been
                                           EU citizens to work and live in any       there is no requirement to obtain the
    employed with such other group
                                           country within the EU. The non-EU         above-mentioned decision from the
    company for at least 1 year.
                                           citizen who has the EU Blue Card can      Lithuanian Labour Exchange Office
In order to employ a non-EU citizen,
                                           work and live in Lithuania without a      or to register a vacancy and search for
Lithuanian employers are required:
                                           work permit.                              employees in the Lithuanian and EU
• to apply to the Lithuanian Labour
                                           Although it is relatively new and the     labour markets.
    Exchange Office and register a
                                           European countries still face eco-        The highly skilled foreigners will
    vacancy;
                                           nomic challenges, the EU Blue Card        be able to start their work from the
• to obtain the work permit from the
                                           has proved to be quite a success. In      moment the application is submitted.
    Lithuanian Labour Exchange Office
                                           Germany alone, over 16,000 cards          The EU Blue Card may be issued for
    before a foreign national arrives to
                                           had been issued by 1 August 2014*.        the period of up to 3 years.
    Lithuania.
                                           When a Lithuanian employer wants          Foreigners who stay in Lithuania to
The work permit is issued within 41
                                           to obtain the EU Blue Card for an         work for other group company and
calendar days and is valid for up to
                                           employee, the former is required:         their salary is greater than 2 national
2 years. It is important to note that
                                           • to apply to the Lithuanian Labour       monthly average wages (approx.
the Labour Exchange Office has to be
                                              Exchange Office and register a         EUR 1,400), will be able to apply for
informed about the intention to regis-
                                              vacancy;                               the residence permits for their family
ter a vacancy 3 months before submit-
                                           • to receive a decision that the          members as well.
ting the application for registering the
                                              employment of a highly skilled         If employee intends to change the em-
vacancy, and the vacancy has to be
                                              foreigner meets the requirements       ployer during the first two years, the
registered 1 month before submitting
                                              of the Lithuanian labour market;       permission of the Migration Depart-
the application for the work permit.
                                           • to pay the employee a salary of at      ment is required.
                                              least double Lithuanian average
                                              monthly wage (approx. EUR 1,400
                                              in total).

                          If a non-EU citizen intends to work in Lithuania,
                          a work permit is required

 * Source: www.apply.eu

                                                                                       Business Guide Lithuania 2015     19
The tax system
                                                                                    Appeal procedures
                                                                                    Any person who disagrees with a
                                                                                    fiscal administrative document or a
                                                                                    refusal to issue such a document has
                                                                                    the right to lodge an appeal. Deci-
                                                                                    sions taken by a local authority may
                                       The Lithuanian State Tax Inspectorate        be appealed against within 30 days.
                                       administers the main taxes and duties        If the taxpayer is dissatisfied with the
                                       other than customs duties, which are         result of the first-stage appeal, he may
                                       administered by the Customs Depart-          appeal to the courts.
                                       ment. Institutions authorised by the
                                       Lithuanian Ministry of Environment           Anti-avoidance principle
                                       take part in the administration, jointly     Lithuania has specific anti-avoidance
                                       with the State Tax Inspectorate, of taxes    rules. The Lithuanian Law on Tax
                                       on public natural resources, oil and gas     Administration indicates that the
                                       resources, and pollution. The State So-      Tax Authorities have a right to apply
                                       cial Insurance Fund Board is responsi-       the substance over form principle for
                                       ble for the administration of state social   the purpose of calculating the tax.
                                       insurance contributions. All collectively    It means that if a taxpayer’s transac-
                                       and each individually are further re-        tion is concluded with a view to gain
                                       ferred to as the Tax Authorities.            a tax benefit, thus breaching the
                                                                                    scope of tax legislation (e.g. to defer
                                                                                    the deadline for the tax payment,
                                                                                    to reduce or fully avoid the payable
                                                                                    amount of tax, etc.), the Tax Au-
                                                                                    thorities do not take into account the
                  The system of taxes and duties in Lithuania consists of:          formal expression of the taxpayer’s
                  • state taxes (direct and indirect),                              activity, they recreate the distorted or
                  • state duties,                                                   hidden circumstances associated with
                  • local duties and charges,                                       taxation as provided for in tax laws,
                  • directly applicable taxes and other mandatory                   and calculate the tax based on the
                    payments prescribed in the European Union’s                     provisions of relevant tax laws.
                    regulatory enactments.
                                                                                    A “one-stop-shop” principle
                                                                                    A “one-stop-shop” principle allows
                                                                                    for a random selection of the special-
                                                                                    ists from any territorial tax office of
                                                                                    the Tax Authorities for the review of
                                                                                    tax returns. This principle ensures
                                                                                    a better workflow, the distribution of
                                                                                    responsibilities and transparency.
   Modern electronic
   declaration system (EDS)                   A “one-stop-shop”                     The Tax Information Centre
                                              principle makes the                   If tax payers have any questions
   ensures 24/7 service                                                             about the submission of tax returns
   provision to the tax payers                administration of                     or taxation matters, they can call
   and makes the payment of                   taxes reliable and                    the Tax Information Centre and get
                                              transparent.                          advice directly from the specialists
   taxes easy and fast.                                                             of Tax Authorities.

20 Business Guide Lithuania 2015
Business Guide Lithuania 2015   21
CIT                              15%
                                                                                         The standard CIT rate
                                                                                         is 15%, which is one of
                                                                                         the lowest in the EU.

                                                                    5%
                                                                    The reduced CIT rate
                                                                    of 5% applies to:
                                                                    • small companies which              0%
                                                                        meet certain conditions;         The reduced CIT rate of
                                                                    • companies involved in              0% applies to companies
Corporate                                                               agricultural activities
                                                                        and which meet certain
                                                                                                         which employ employees
                                                                                                         eligible for social support
income tax (CIT)                                                        conditions.                      and which meet certain
                                                                                                         conditions.
Tax base
For local Lithuanian companies –
all income sourced inside and out-
side Lithuania. Exemption is applied
to income earned through perma-
nent establishments in EEA coun-
tries or countries which have a DTT
signed with Lithuania.
For foreign companies – income re-
ceived from business activities carried   Computation of taxable profit                  Incentives to holding companies
out through permanent establish-          While computing the taxable profit of          Capital gains on transfer of shares
ments in Lithuania and other specific     a Lithuanian company/foreign com-              are exempt from CIT if a Lithuanian
income sourced in Lithuania, such as:     pany’s permanent establishment, the            company:
• interest,                               following is deducted from income:             • transfers the shares of the company
• dividends,                              • non-taxable income (e.g. divi-                  which is registered in EEA country
• royalties,                                 dends, insurance payments, penal-              or in another country with which
• proceeds from rent/sale of                 ties received, etc.),                          Lithuania has a DTT; and
   immovable property, etc.               • allowable deductions (expenses               • has held over 25% of shares of the
                                             necessary for earning income or                aforementioned company for not less
                                             deriving economic benefit), limited            than 2 years (not less than 3 years in
                                             allowable deductions (e.g. depreci-            the event of reorganisation).
                                             ation of fixed assets, business travel
                                             and representation expenses, etc.).         Tax losses carried forward
                                          Lithuanian Law on CIT also provides            Operating tax losses can be carried
                                          for the list of non-deductible expenses        forward for an unlimited period. Loss-
                                          (e.g. penalties, expenses related to           es incurred from disposal of securities
                                          non-taxable income, etc.).                     can be carried forward for a period of
                                                                                         5 years and can only be offset against
                                                                                         income of the same nature.
                                                                                         Only up to 70% of current year’s tax-
                                                                                         able profits can be offset against tax
                                                                                         losses carried forward.

   Operating tax losses can be carried forward                                           Transfer of tax losses between
                                                                                         the group companies
   indefinitely. Transfer of tax losses between
                                                                                         Tax losses incurred after 1 January
   group companies is available.                                                         2010 can be transferred from one
                                                                                         company to another within the same
                                                                                         group of companies and within the
                                                                                         same tax period, if certain conditions
                                                                                         are met.
                     Capital gains on transfer of
                     shares can be exempt.

22 Business Guide Lithuania 2015
Special CIT reliefs

Relief                              Main benefits of the relief
Investment project relief           Companies implementing investment projects are entitled to reduce their taxable profit by up to 50% by
                                    deducting the actually incurred acquisition costs of fixed assets meeting certain requirements (the costs
                                    exceeding the 50% limit can be carried forward for 4 years).
                                    Depreciation (amortisation) expenses of such fixed assets are deducted in a common manner.
                                    Taxable profit can be reduced by deducting these costs if they are incurred in 2009-2018 taxable periods.
Research and Development            Expenses (except for depreciation (amortisation) charges of fixed assets) incurred for R&D works may be
(R&D) relief                        deducted three times during the tax period in which they are incurred.
Tax relief for Free Economic Zone   FEZ companies with capital investments not less than EUR 1 million and which meet certain other
(FEZ) companies                     conditions are exempt from CIT for the first 6 years following the date of the capital investments and they
                                    are subject to a 50% reduction in CIT rate for 10 subsequent years.

Transfer pricing rules                          Thin capitalisation rules                          Tax compliance
All transactions between associated             The Lithuanian thin capitalisation                 The taxable period for CIT is usually
parties must be performed at arm’s              rules apply in respect of borrow-                  a calendar year. The tax return has to
length. The Tax Authorities have                ings from related parties as well as               be filed and CIT due has to be paid be-
a right to adjust transaction prices if         borrowings guaranteed by related                   fore 1 June of the next taxable period.
they do not conform to market prices.           parties. The debt to equity ratio is 4:1.          Having obtained the permission from
The Lithuanian transfer pricing rules           The above provisions do not apply if               the Tax Authorities, the companies
refer to the Transfer Pricing Guide-            a Lithuanian company can prove that                may use a taxable period other than
lines for Multinational Enterprises             the same loan under the same condi-                a calendar year. In this case, the tax
and Tax Administrations prepared by             tions would have been granted by                   return has to be filed and CIT due has
the Organisation for Economic Coop-             a non-related party.                               to be paid before the 1st day of the 6th
eration and Development (OECD) to                                                                  month of the next taxable period.
the extent that they do not contradict          Depreciation of fixed assets                       The companies are also subject to
with the domestic rules.                        The depreciation of fixed assets is                advance CIT payment in Lithuania.
All companies with annual revenue               calculated separately for each asset.
exceeding EUR 2,896 million, as well            Generally, buildings are depreciated
as all banks, insurance companies and           over 8 to 20 years (new buildings
credit institutions are required to pre-        over 8 years), machinery and plant
pare transfer pricing documentation             are depreciated over 5 years. Several
in a specifically prescribed form.              types of intangibles (software, rights
                                                obtained, etc.) are usually amortised
Binding rulings and advanced                    over 3 to 4 years. Goodwill is usually
pricing agreements                              amortised over 15 years if certain con-
There is a possibility to apply for             ditions are met.
a binding ruling or advanced pric-
ing agreement (APA) from the Tax
Authorities in respect of the future
transactions. Application process
and other matters related thereto are                                                                  Companies may benefit
governed by specific rules approved                                                                    from investment project,
by the Tax Authorities.                                                                                R&D and FEZ reliefs.

                                                                                                      Business Guide Lithuania 2015           23
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