Ill copy here a binding tax assessment issued by the tax authority (google translated)
application:
The applicant plans to start offering cross-border remote gambling services (which are exempt from VAT according to the VAT Act) to end consumers of another member state via an online platform and applies for a corresponding license from the supervisory authority there. Although one of the applicant's three board members resides in another Member State, it only has a representative role. All important decisions are made in Estonia, where all key employees of the applicant are also located. To mitigate business risks, the applicant plans to cooperate with a third-country company in the form of a joint venture (partnership). The applicant would contribute to the partnership by organizing gambling and guaranteeing the requirements submitted to the gambling organizer, while the other side of the partnership would provide the IT support necessary for the provision of services. The costs incurred by the parties shall be borne by them. Profit sharing and loss coverage based on the partnership agreement is done according to the contribution of each party. The applicant asks the tax authority to confirm that the applicant does not have an obligation to register for VAT in Estonia as a result of providing the remote gambling service and has a permanent place of business in another member state, that the distribution of profits and the covering of losses based on the partnership agreement are excluded from the applicant's VAT calculation and that the applicant is not obliged to declare the profit distribution payments made to the other party of the partnership for reverse charge taxation as a related acquisition.
tax office:
The Tax and Customs Board considers that the provision of a cross-border VAT-free remote gambling service to end consumers located in another Member State, as described in the application, does not result in the applicant being required to register as a VAT subject in Estonia. Nor does he have a permanent place of business in another Member State in the sense of the VAT Directive, Implementing Regulation No. 282/2011 and VAT Act. The tax authority considers Estonia to be the location of the applicant and the place of provision of services. At the same time, the creation or non-creation of a permanent place of business in another member state is primarily for the local tax authority to assess and identify. The sharing of the partnership's profits and the covering of losses based on the partnership agreement is completely excluded from the applicant's VAT calculation, provided that each party bears its own costs and gets the right to the partnership's profits (or the obligation to cover its losses) according to its contribution to the partnership. That part of the profit-sharing or loss-covering payment, which exceeds the contribution of the payee, is considered as payment for the service provided by him to another partner, and it generates turnover for the payee. The applicant does not have to declare the profit-sharing payments to the other partner in the VAT return as an acquisition subject to reverse taxation (reward for the last service received), provided that these payments correspond to the contribution of the other partner. In the case of sums transferred to another partner, the applicant becomes fully or partially liable for reverse taxation in situations where the distribution of profits on the basis of the partnership agreement cannot be clearly separated from the applicant's usual business, where, regardless of the conclusion of the partnership agreement, the economic content is a covert payment for the goods and services received by the applicant from the other partner, or where these are profit sharing payments, but the applicant makes payments to the other partner more than the latter's contribution to the partnership would expect that.