For purposes of VAT, fixed establishment means a fixed place of business through which the company conducts some or all of its operations.
- The place of business may be a production facility, a certain set of rooms, or a set of machinery and equipment that the company uses in its business.
- The place of business may be a certain space that the company occupies on a permanent basis.
- The place of business may be located inside another company’s premises.
A place of business can be treated as a fixed establishment if it is considered to be sufficiently permanent and if it has human and technical resources required for the supply of goods or services that the company sells.
The place of business must have a definite geographical location. However, it is not required that the place of business is literally fixed to the ground. For example, if your company sells transportation services in Finland with a regular schedule and route, you are considered to have a fixed establishment in Finland.
The company as a whole or in part must also conduct business in the place of business. For example, if your company has an office in Finland but it does not take part in the selling of the goods and services that your company offers, the local office is not a fixed establishment.
In practice, you must have employees in the country where the fixed establishment is located to run its operations. Even if the business operations at the place of business are highly automated, it can be considered a fixed establishment if there are employees in its country of location overseeing technical maintenance and control.
The place of business does not have to operate without interruption in order to be considered a fixed establishment, but it does have to operate on a regular basis.
Examples of fixed establishments in value-added taxation:
- offices where company management is located
- local offices
- production facilities
- workshops
- retail outlets and trading locations
- mines, quarries, peat extraction sites, and other similar sites for the use of natural resources
- warehouses, inventories or stocks.
However, your company may not have a fixed establishment if your operation consists only of renting out real estate or movable property or licensing immaterial rights.
Construction, building and installation projects constitute a fixed establishment if they last longer than nine months, either as a single project or as several successive projects. The first start date of the operations is also the start date of the fixed establishment.