CORPORATION TAX
CYPRUS TAX RESIDENT COMPANIES
Companies are considered as being tax resident in Cyprus if they are managed and controlled in Cyprus. This is not defined by the Cyprus Tax Law but it is understood to require that the majority of the directors are resident in Cyprus, the Company’s board meetings take place in Cyprus and the formation of the Company’s general policy is in Cyprus.
Cyprus tax resident companies are taxed on all their income accrued or derived from all sources in Cyprus and abroad while non-resident companies are taxed on income arising from sources in Cyprus such as immovable property in Cyprus and on income accrued or derived from a business activity carried on through a permanent establishment in Cyprus.
A permanent establishment is a fixed place where the business of an enterprise is carried on wholly or partly. The term permanent establishment includes a place of management, a branch, an office, a factory and a workshop.
A company is required to register with the Tax Department within 60 days of its incorporation.
As per the Income Tax Legislation (Article 5(4)), legal or natural persons non-Cyprus tax resident but with a permanent establishment in Cyprus, may elect to be treated as Cyprus tax resident persons.
TAX RATE
All companies are taxed at a Corporate tax rate of 12.5%.
EXEMPTIONS
The following types of income are fully exempt from Corporate Tax:
TYPE OF INCOME
Profit from the sale of securities (Note 1)
Dividends (excluding dividends which are tax deductible for the paying company – applicable as from 1 January 2016)
Interest not arising from the ordinary activities or closely related to the ordinary activities of the Company (passive income) (Note 2)
Profits of a permanent establishment abroad (if more than 50% of the income of the permanent establishment is derived from trading activities or the foreign tax burden rate is not lower than 6.25%) (Note 3)
Gains in relation to foreign exchange differences with the exception of gains arising from trading in foreign currencies or related rights and derivatives.
NOTES
It should be noted that promissory notes and bills of exchange do not fall under the definition of “securities”.
A written request could be submitted to the Tax Department for the issuing of a tax ruling in advance clarifying as to whether a certain transaction/ financing arrangement is to be treated as falling within the ordinary activities/ or closely connected therewith, of the business.
As from 1 July 2016, taxpayers have the right to elect to tax the profits of a foreign PE. At the same time the taxpayers can benefit from the tax credit for any foreign taxes incurred on the foreign PE profits, irrespective of the existence of a Double Tax Treaty or not, subject to transitional rules.
TAX DEDUCTIONS
Expenses incurred wholly and exclusively for the purpose of generating business income and supported by receipts, invoices or other relevant documents are tax allowable, including the following:
EXEMPTIONS:
NOTES
The term “reference interest rate is the ten year government bond rate of return of the country the new capital is invested in, increased by 3% and cannot be lower that the ten year Cyprus Government bond increased by 3%. Certain anti-avoidance provisions apply.
Tax Incentives offered by the Existing IP Box
iii. Any expenditure of a capital nature for the acquisition and/ or development of IP can be claimed as a deduction in the tax year in which it is incurred and the immediate four years that follow on a straight-line basis.
Any capital gains from the disposal of an IP asset which qualifying under the existing regime but no benefits were claimed such as the 80% exemption will be exempt from income tax. In case a loss arises when calculating the qualifying profits, the amount that can be surrendered and carried forward is restricted to 20%.
Transitional provisions
Businesses with IP assets that already benefit from the provisions of the existing IP Box Regime, will fall under the transitional provisions and will continue to take advantage of Cyprus’s existing IP Box Scheme until 30 June 2021, if these:
Intangible assets which do not fall under the above and were acquired directly or indirectly from a related person between 2nd January 2016 and 30th June 2016, will continue to claim the provisions of the existing IP Box Regime up to 31st December 2016.
For the purposes of the transitional provisions, intangible assets are considered to be the assets which produced income or their development was completed up until 30th of June 2016.
The New IP Box Regime
As from 1st July 2016, 80% of the Qualifying Profits derived from a Qualifying Intangible Asset will be considered as a deductible expense. Qualifying intangible assets include Patents as defined in the Patents Law, Computer software and other intangible assets protected by law falling under any of the below:
Qualifying profits means the amount resulting from the application of the following formula:
Overall Income x [(Qualifying Expenditure + Uplift Expenditure)/ Overall Expenditure]
In case a loss arises when calculating the qualifying profits, the amount that can be surrendered and carried forward is restricted to 20%. In case of an intangible asset falling under both the provisions of the existing and the new IP Box Regime, the existing regime will apply until this is fully phased out.
The taxpayer has the right for every tax year not to claim all or part of the deduction offered by the new IP Regime.
TAX LOSSES
The tax loss incurred during a year which cannot be set off against other income is carried forward subject to conditions and set off against the profits of the next five years.
Set-off of group losses are allowable only with profits of the corresponding fiscal year between the Cyprus tax resident Companies of a group. A company incorporated by its holding company during the year is considered as member of the group for the whole year of assessment.
Two companies are deemed to be members of the group if:
As from 1 January 2015 two companies can be considered members of the same group if the interposition companies are residents of another EU member state or of a state with which Cyprus has concluded a bilateral or multilateral convention for the avoidance of double taxation or the exchange of information.
A partnership or a sole trader converted into a limited liability company can transfer tax losses into the company for future utilization.
Losses from permanent establishment abroad can be set off with profits of the company in Cyprus. Subsequent profits of the permanent establishment abroad are taxable up to the amount of losses allowed.
SPECIAL TYPE OF COMPANIES
Tonnage Tax
The Merchant Shipping Law provides full exemption to ship owners, charterers and ship managers from all profit taxes by imposing a TT on the net tonnage of the vessels, given that they are ‘qualifying persons’ who own, charter or manage a ‘qualifying ship’ in a ‘qualifying shipping activity’, as defined below:
Qualifying persons are tax-resident owners or charterers (bareboat, demise, time and voyage) of Cyprus ships, EU ships or fleets of ships comprising of EU and non-EU ships, and ship managers providing technical or crewing services, or both.
Qualifying activity for ship owners and charterers means maritime transport of goods or people between Cyprus ports and foreign ports/ offshore installations, or between foreign ports or offshore installations and specifically includes towage, dredging and cable laying.
Qualifying activity for ship managers, means services provided to a ship owner or bareboat charterer on the basis of a written agreement in relation to crew and/or technical management and/or both.
Qualifying vessel means a sea going vessel that has been certified in accordance with international principles and legislation of the flag country and that is registered in the register of a member country of the International Maritime Organization / the International Labour Organization. The definition includes vessels that transport humanitarian aid but excludes the following vessels:
2. Insurance companies
Profits of insurance companies are liable to corporation tax similar to all other Companies, except in the case where the corporation tax payable on taxable profit of life insurance business is less than 1,5% on gross premium. In this case the difference is paid as additional corporation tax.
3. The Cyprus Alternative Investment Funds (AIFs) and Undertakings for Collective Investment in Transferable Securities (UCITS)
The Alternative Investment Funds Law 124(I)/2018, to the extent amended (hereinafter, the ‘’AIF Law’’) defines alternative investment funds as any collective investment undertakings, including investment compartments thereof, which, collectively:
The AIF Law allows for three types of AIFs to be established in Cyprus which are as follows:
Taxation of Funds
Funds which are opaque for tax purposes and which are managed and controlled in Cyprus are tax resident in Cyprus and are subject to the general provisions of the Cyprus tax framework.
In the case of funds which have compartments, each compartment is assessed separately for tax purposes subject to the provisions of the law.
Under circumstances and depending on the legal form of the fund, some funds may be transparent for tax purposes.
Additional key provisions which are relevant to funds are set out below:
Sale of Fund Units
There is no Capital Gains Tax on the gains arising from the disposal or redemption of units in funds unless the fund owns immovable property in Cyprus.
However, even if it owns immovable property in Cyprus, no Capital Gains Tax arises if the Fund is listed on a recognized stock exchange.
Stamp Duty
The subscription, redemption, conversion or transfer of a fund’s units should be exempt from Cyprus stamp duty.
No creation of a permanent establishment
Based on the Cyprus tax legislation no Cyprus permanent establishment will be deemed to arise:
Management services
The management fee charged for the provision of collective management services to investment funds is exempt from VAT, provided certain conditions are met.
Carried interest / performance fee for AIF and UCITS fund managers
Certain employees and executives of the following investment fund management companies or internally managed investment funds may opt for a different mode of personal taxation:
Subject to conditions, their variable employment remuneration which is effectively connected to the carried interest of the fund managing entity may, through an annual election, be separately subject to Cyprus tax at the flat rate of 8%, with a minimum tax liability of €10.000 per annum. This special mode of taxation is available for a period of 10 years.
SPECIAL CONTRIBUTION FOR DEFENCE
Special contribution for defence (SDC) is imposed on dividend income, ‘passive’ interest income and rental income earned by Companies tax residents in Cyprus and by individuals who are both Cyprus tax residents and Cyprus domiciled.
Such tax is charged at the rates shown in the table below and levied on the gross income received or credited.
TAX RATES
NOTES:
An individual who is a Cyprus Tax Resident is subject to both Income Tax and Special Defence Contribution. As from 16 July 2015, an individual who is a tax resident of Cyprus under the provisions of the Income Tax Law but is ‘not-domiciled’ in the Republic of Cyprus, will be exempt from SDC. An individual is domiciled in the Republic if he has a domicile of origin in the Republic of Cyprus according to the provisions of the Wills and Succession Law (subject to conditions) or if he has been a Cyprus tax resident for a period of at least 17 out of the last 20 years before the relevant tax year.
Dividends received by a Cyprus tax resident company from other Cyprus tax resident companies are excluded from defense tax, subject to anti-abuse provisions and unless dividends are indirectly declared after the lapse of four years from the end of the year in which the profits were generated. In such case 17% (20% in 2013) defense tax will be imposed if the ultimate beneficial owners is a Cypriot tax resident. Any dividends derived directly or indirectly from such dividends on which Special Defense Contribution has already been paid are exempt from Special Defense Contribution.
Dividend income from abroad is exempted from defense contribution provided that:
When the exemption does not apply, the dividend income is subject to defense contribution at the rate of 17%.
Interest income earned by an individual deriving from Cyprus Government Bonds, Development bonds or interest earned by an approved provident fund is subject to a 3%. For individuals, whose annual income (including interest), does not exceed the amount of €12,000 the rate is reduced to 3%.
For rental income where the tenants are Cypriot companies, partnerships, the Government and Local Authorities, they have an obligation to withhold Special contribution for defense from the rental payments and to pay the tax by the end of the month following the month in which it was withheld. In all other cases the Special contribution for defense on rental income is payable by the landlord in 6 month intervals on 30 June and 31 December each year.
The Special contribution for defence on interest and dividend paid to Cyprus tax residents is withheld at source and is payable at the end of the month following the month in which the income was paid. For interest, dividend and rental income received from abroad the Special contribution for defense is payable in 6 month intervals on 30 June and 31 December each year.
DEEMED DIVIDEND DISTRIBUTION
If a Cyprus resident Company does not distribute dividend within two years from the end of the tax year then:
When an actual dividend is paid after the deemed dividend distribution, then defence tax is imposed only on the additional dividend paid.
The profits of a Cyprus Tax resident Company which are attributable either directly or indirectly to shareholders who are not Cyprus tax residents will not be subject to deemed dividend distribution.
Furthermore, in case where such non-Cyprus tax resident shareholders constitute 100% of the ultimate shareholders of the company, the company is not required to submit a deemed dividend distribution return.
Instead, the company's directors and auditors are required to submit declarations confirming that 100% of the shareholders of the company are directly and/or indirectly non-Cyprus tax residents.
PERSONAL INCOME TAX
TAXATION
Cyprus tax residents are taxed on all income accrued or derived from all sources in Cyprus and abroad. Non-tax resident individuals are taxed only on income accrued or derived from sources in Cyprus.
CYPRUS TAX RESIDENTS
An individual is considered to be tax resident in Cyprus if he stays in Cyprus more than 183 days in the year of assessment.
Tax residents are taxable on the following income:
NON-TAX RESIDENTS
Non-tax residents are taxable on the following income:
PERSONAL TAX RATES
The following income tax rates apply to individuals:
EXEMPTIONS FROM INCOME TAX
The following are exempt from income tax:
Remuneration for first employments exercised in Cyprus commencing as from 1 January 2022 with remuneration
exceeding EUR55.000 by individuals who were not residents of Cyprus for a period of 10 consecutive tax years immediately
prior to the year of commencement of the employment in Cyprus. For each individual the exemption will apply once
in their lifetime for a period of 17 years. Subject to certain conditions, individuals whose employment commenced prior to
1 January 2022, may also be eligible to claim the exemption.
Exemption of 20% of remuneration for first employment exercised in Cyprus commencing after 26 July 2022, by individuals who immediately prior to the commencement of their employment in Cyprus were not a resident of Cyprus for a period of at least 3 consecutive tax years and were employed outside of Cyprus by a non-resident employer. For each individual the exemption will apply for a period of 7 years, starting from the tax year following the tax year of commencement of employment. Individuals granted the above 50% exemption will not be eligible for this exemption. A maximum of €8,550 can be claimed annually.
NOTES
2. As from 1 July 2016, taxpayers have the right to elect to tax the profits of a foreign PE. At the same time the taxpayers can benefit from the tax credit for any foreign taxes incurred on the foreign PE profits, irrespective of the existence of a Double Tax Treaty or not, subject to transitional rules.
TAX DEDUCTIONS FROM INCOME
The following are deducted from income:
NOTES
In the case of cancellation of a life insurance policy within 6 years from the day of its issue, a percentage of the premiums, which was previously allowed, is taxable.
Subject to cap of 50% of the taxable income of the individual (with maximum deduction of €150.000 per year). Any unutilized deduction can be carried forward and claimed in the next 5 years.
SOCIAL INSURANCE
Self-employed individual 15.6%
Employee 8.3%
Employer 8.3%
Employer’s contribution to the Redundancy Fund 1.2%
Employer’s contribution to the Industrial Training Fund 0.5%
Employer’s contribution to the Social Cohesion Fund* 2.0%
Employer’s contribution to the Holiday Fund (if it is not exempt) 8.0%
*The amount of contribution to Social Cohesion Fund is calculated on the total emoluments with no upper limit.
Maximum limit of emoluments
The maximum level of annual income on which social insurance contributions are paid on is as follows
Per week € Per month € Per year €
Weekly employees 1,051 - 54,652
Monthly employees - 4,554 54,648
In 2018, the social insurance rates for employed persons were 7.8% and for self-employed 14.6%. The rates will increase every five years by 0.5% for employed persons until it reaches 10.3% in 2039 and by 1% for self-employed persons until it reaches 19.6% in 2039.
NATIONAL HEALTH SYSTEM
The National Health System was introduced in Cyprus in 2019. Phase A of contributions commenced in March 2019 with phase B commencing a year later. The rates are as follows:
Contributions are capped at €180.000 annual income.
TAX CALENDAR
PENALTIES
The official rate set by the Minister of Finance applicable as of 1.1.2019 is 2% (3.5% for 2017-2018, 4% for 2015-2016, 4.5% for 2014, 4.75% for 2013, 5% for 2011-2012; 5.35% for 2010; 8% for 2007-2009; previously 9%)
The above information is a brief summary of the main taxes applicable in Cyprus.
Should you require any additional information or clarifications or in order to advise you regarding your specific case please do not hesitate to contact us.
Contacts:
Savvas Christodoulou – Managing Director
savvas@sgcglobalconsulting.com
SGC Global Consulting Limited
25, Marias Syglitikis Street
Engomi,2415 Nicosia, Cyprus
Tel: +357 22 490 330
Email: info@sgcglobalconsulting.com
www.sgcglobalconsulting.com
Individuals | Legal entities | |
Dividend income | 17% (Note 6) | Nil (Notes 2-3) |
Interest income arising from the ordinary activities or closely related to the ordinary activities of the business (active income) and interest earned by an open or close collective investment scheme | Nil | Nil |
Other interest income | 30% (Notes 4,6) | 30% (Notes 4,6) |
Rental income less 25% | 3% (Notes 5-6) | 3% (Notes 5-6) |
CHARGEABLE INCOME | TAX RATE % | TAX | ACCUM. TAX € |
€ 0 - € 19,500 | 0 | 0 | 0 |
€19,501 - €28,000 | 20 | 1,700 | 1,700 |
€ 28,001 - € 36,300 | 25 | 2,075 | 3,775 |
€ 36,301 - € 60,000 | 30 | 7,110 | 10,885 |
Over € 60,000 | 35 |
EXPENSE | ALLOWABLE DEDUCTION |
Subscriptions to trade unions or professional bodies | 100% |
Rental income | 20% |
Donations to approved charities | 100% |
Expenditure incurred for the maintenance of a building in respect of which there is in force a preservation order | Up to € 1,200, €1,100 or €700 per square meter (depending on the size of the building) |
Social insurance, provident fund, National Health medical fund (maximum 1.5% of remuneration), pension fund contributions and life insurance premiums (maximum 7% of the insured amount) (1) | Up to 1/6 (of the chargeable income) |
As from 1 January 2017, the cost of investment in approved innovative small and medium sized business (2) | Up to 50% of the taxable income (2) |
Category | Income | As of 1 March 2019 | As of 1 March 2020 |
Employees/Pensioners | Own earnings | 1.70% | 2.65% |
Employers | Employee's income | 1.85% | 2.90% |
Self-employed | Own earnings | 2.55% | 4.00% |
Persons earning other income | Rent, dividends, interest etc | 1.70% | 2.65% |
Republic's consolidated fund | Emoluments / pensions | 1.65% | 4.70% |