The Cyprus resident company would only be taxed 10%  corporate taxation  on annual NET PROFITS before dividends instead of  20%-35% corporate tax that exists in Hellas, or other European and non- European jurisdictions.  This  is  the  lowest  non-offshore  jurisdiction  corporate  tax  rate  in  the  world.

 

 

With its full accession to the European Union on May 1, 2004, Cyprus has significantly upgraded  its status as a European jurisdiction as well as its status as an “offshore” jurisdiction.

 

 

With the enactment of its New Tax Legislation on 1 January 2003 (including 7 amending laws, the last one in 2007) and the abolition of the “offshore regime”, Cyprus has put a simplified, effective and transparent tax system in place that is fully EU, OECD, FATF and FSF compliant.

 

 

The result is an unwavering EU, “non-offshore” tax-competitive jurisdiction with electrifying tax planning prospective for EU and non-EU clients alike.

 

 

 

 

Précis, Cyprus is the  lowest-tax EU Jurisdiction that is not offshore. The standard corporate tax rate of

10% on  net  profits  is  the  lowest  in  the  European  Union,  and  the  lowest  “non-offshore jurisdiction

corporate tax rate” in the world.

 

 

The corporate taxation for shipping companies is 0% while the corporate taxation for ship-management companies is 4.25%

 

 

Cyprus is now a world-renown premier holding, finance, royalty, trustee and trading company jurisdiction.

 

 

Apart from the above, Cyprus’ biggest assets remain its friendly and investor-friendly Cyprus Government Tax Authorities who have long gained the reputation over a long history of a proven record that are always keen to help foreign investors.

 

 

Due to the nature of their operations, Cyprus Companies usually show  profits at a paced and regulated manner. This is possible through the implementation of significant and sophisticated legal tax-planning strategies, which, in turn could be formulated based on the special needs of every client.

 

 

 

 

Purchase invoices from offshore companies are acceptable in Cyprus Companies’  Accounting Records and payments to offshore companies bear no withholding tax (tax planning point).

 

 

 

Subsequently, the role of taxation planning becomes pivotal. The inexistence of specific substance requirements, the absence of strict transfer pricing rules and the ability for advance tax rulings, coupled with a solid banking system with strong and reliable International Business Units are essential elements for constituting Cyprus a reliable international center of conducting commercial activities.

 

 

There is added commercial value and monetary benefits due to the ability to register for EU VAT in Cyprus through VIES (VAT Inter-European System).  This is done primarily with companies trading goods, (imports/exports), however, this is implemented also for companies offering services.

 

 

Trading in securities is essentially a tax-exempt activity as any profit from the disposal of any type of security, irrespective of whether this profit forms part of a company’s trading activity or is of a capital nature.

 

 

The foreign beneficial owners of Cyprus Companies, Branches and Partnerships are not liable to additional tax on dividends or profits over and above the amount paid or payable by the respective legal entities. The only tax obligation is the 10% Corporate Tax on the Net Profits.

 

 

Any profits generated out of Cyprus by Non-Cyprus Resident Companies are not taxable, while Cyprus

Companies with management and control carried out from outside Cyprus are also exempted from taxation for their out-of-Cyprus profits.

 

 

 

 

Maritime Management Companies are taxed at 4.25% and shipping income is tax-exempt, i.e. 0%. No capital gains tax or net worth taxes except with respect to Real Estate situated in Cyprus. Beneficial use of EU Directives that have been adopted into the Cyprus Tax Legislation.

 

Large number of intergovernmental  Double Taxation Treaties between Cyprus and other countries  for

the avoidance of Double Taxation.

 

 

Attractive Permanent Establishment  rules and generous  provisions available in the Double Taxation

Treaties Network.

 

 

Mergers, Takeovers, Restructuring of Groups and other Re-Organizations can take place within groups without tax consequences.

 

 

Unilateral tax-relief  is  granted  to  all  Cyprus  Companies  for  foreign  tax  suffered  irrespective of the absence of a double tax treaty.

 

 

Tax losses are carried forward indefinitely and can also be surrendered as group relief. Interest deduction for borrowing costs provided.

Low duties - taxes on the establishment/ incorporation of companies.

 

 

Very low overhead expense level (fees) for the provision of financial and corporate professional services compared to other EU Jurisdictions. Overhead expenses may be retains to an absolute minimum compared to other jurisdictions’ overhead and running expenses.

 

 

EU Law (Directives and Regulations) in conjunction to the extensive range of  Cyprus Double Tax

Treaty Network

 

 

The Netherlands, Luxembourg and other classic  EU Holding Company Jurisdictions now face a new superior  competitor.  As  Cyprus’  EU  accession  is  maturing  with  the  time,   Cyprus’  exceptional international  clientele  grows  exponentially  as  Cyprus  is  increasingly  being  preferred as  a  holding jurisdiction to other traditional jurisdictions. A more prudent approach has proved the combination of a

 

 

Cyprus  Holding  Company  with  other  jurisdictions’  Holding  Companies  such  as  the  retaining  of

Netherlands and Luxembourg holding companies, rather than by substituting them.

 

 

Beneficial use of EU Directives enacted into Cyprus Law (effectively “copied” - transposed into Cyprus

Law and their benefits extended to residents of Third Countries):

 

 

 

 

1.         Parent / Subsidiary Directive (no withholding tax on payment of dividends, no transitional period [immediate effect], no minimum participation [shareholding limits], no minimum holding period, dividend exempt subject to conditions, tax credit for tax withheld abroad).

 

 

 

2.         Interest / Royalties Directive (no withholding tax on interest paid to non-residents, no transitional period [immediate effect], 25% minimum participation [shareholding] required only in the case of royalties,  no  minimum  holding  period,  interest  taxed  depending  on  nature,  royalties  subject  to corporation tax, tax credit for tax withheld abroad).

 

 

3.         Merger Directive (involves resident and Non-Resident Companies, leads to elimination of the tax consequence of any reorganization, merger, division, transfer of assets, and exchange of shares). We have carried out such mergers and acquisitions numerous times in jurisdictions such as Romania, Bulgaria, Hellas, Italy, The Isle of Man, The UK, Luxemburg, and Jersey.

 

 

Cyprus has a wide and beneficial Double-Tax Treaty (DTT) Network. There are currently 40 DTTs in force and 39 others being negotiated. It has to be noted here that Cyprus has fewer DTTs than some competing EU Jurisdictions, but in many cases more beneficial than its competitors’ treaties such as those with Russia, Romania, Yugoslavia and the whole of Eastern Europe; and the Middle East. The existence of these treaties, combined with the low overall tax paid by Cyprus Companies, offer significant possibilities for international tax planning through the island.

 

 

A significant number of double tax treaties concluded by Cyprus, lowers or eliminates foreign withholding taxes on dividends, interest and royalties or capital gains paid out from or arising in the contracting states, some also include particularly beneficial tax sparing credit provisions for dividends, interest and royalties. A "tax sparing credit" is a tax credit available to the recipient, which is higher than the actual tax paid in Cyprus. Tax Sparing Credit provisions can be found in the treaties concluded with Canada, China, Czech and Slovak Republics, Denmark, Egypt, Germany, Greece, India, Ireland, Italy, Malta, Mauritius, Poland, Romania, Russia, Syria, Thailand, UK and former Yugoslavia.

 

 

Cyprus Holding Companies

 

 

Apart from the generic features of the tax system, the DTT Network and the adoption of EU Directives, other important features of the tax system beneficial to Cyprus Holding Companies are the following:

 

 

Participation Exemption:

 

 

 

 

1.         Foreign dividends are tax-exempt (provided that a minimum 1% holding in the company paying the dividend is maintained. Also note that this exemption does not apply if the non- resident company paying the dividend carries on, directly or indirectly, more than 50% of investment activities - passive income  - AND the overseas tax burden is significantly lower than the Cyprus Tax Burden [(practically interpreted by the Tax Authorities to mean less than

 

5%  “headline  tax”]  and  NO  other  rules,  minimum  holding  period,  minimum  investment

thresholds etc.).

 

 

2.         No capital gains tax is payable on the sale or transfer of securities and the gains are exempt from  Income  Tax  (except  gains  from  disposal  of  shares  in  companies  owning  Real  Estate situated in Cyprus - only to the extent that the gain relates to the particular Cyprus Real Estate). Also, profits from a Permanent Establishment (PE) outside Cyprus are tax-exempt and its losses can be set-off against Cyprus Income (this exemption also does not apply if the PE carries on more than 50% of investment activities  - passive income - AND the overseas tax burden is significantly lower than the Cyprus tax burden). This exemption (PE) in conjunction with the use of some of Cyprus’ DTTs can result in PE profits avoiding tax altogether.

 

 

3.         Simple  rules  and  no  need  for  additional,  and  sometimes  complex  and  expensive  tax structuring to circumvent anti-avoidance provisions, as it usually is the case with other jurisdictions in the case of dividends, or capital gains.

 

 

4.         Low, or no withholding taxes on outgoing dividends, interest and royalties (no withholding tax on dividends and interest irrespective of the country or residence of the recipient (even offshore jurisdictions) or the existence of a Double Tax Treat; no withholding tax on royalty payments for use of the rights outside Cyprus, 10% if the rights will be used in Cyprus (subject to DTT & EU Directives) and 5% on films (subject to DTT & EU Directives).

 

 

5.         We note here that, compared to other “key” Holding Company Jurisdictions, only Cyprus and the UK have 0% Dividend Withholding Tax (DWT), so no need for complex and expensive “structuring out” of DWT. THIS IS AN IMPORTANT COMPETITIVE ADVANTAGE OF CYPRUS compared to other Holding Company Jurisdictions.

 

 

6.         No capital gains or income tax on the liquidation of participations or the liquidation of the

Cypriot Holding Company itself.

 

 

7.         No net worth taxes (as mentioned before no capital gains taxes) during the life of the Cypriot

Holding Company.

 

 

8.         Tax losses are carried forward indefinitely and can also be surrendered as group relief.

 

 

9.         Mergers,  takeovers  and  other  re-organizations  can  take  place  within  groups  with  no  tax consequence.

 

 

10.       Unilateral tax-relief is granted to all Cyprus Companies for foreign tax suffered irrespective of the absence of a double tax treaty.

 

 

However, it is worth noting that regardless  and irrespective  of any holding company scheme or any Treaty for the Avoidance of Double Taxation, all profits emanating from real estate assets, are taxed, or partially taxed, subject to the laws of the country in which the real estate property is being situated.

 

 

In conclusion, the Cyprus Tax System offers:

 

 

1)  The extraction of foreign sourced dividends, at reduced, or zero rates of foreign withholding tax (owing to the use of the Parent Subsidiary Directive or the Use of Double Tax Treaties if the Directive is not applicable).

 

 

2)  The receipt of foreign dividends at zero rates of corporation tax or special defense contribution (local withholding tax) or any other local taxes (subject to conditions - anti avoidance provisions that are easy to satisfy), i.e. “an EU Holding Company with no domestic tax leakage on holding activities”. 

 

 

3)  The distribution of available profits to non-resident shareholders at zero percent rates of dividend withholding tax,  (0%)  irrespective  of  jurisdiction  or  the  absence  of  a  DTT  (even  to  offshore jurisdictions).

 

 

4)  The realization of capital gains from the disposal of shares in foreign companies at zero  percent rates of corporation and capital gains tax on the gains”, irrespective of holding period and shareholder percentage and no capital gains tax on the liquidation of the Holding Company itself.

 

 

All in all Cyprus is a serious international corporate service and international tax center that should be considered seriously by any international investor who wishes to set up a company abroad.

8. CYPRUS PERSONAL & EMPLOYMENT TAX BENEFITS

=====================================================

 

Apart from the above corporate tax benefits, Cyprus is a preferred destination for personal and employment tax benefits by many European workers thus utilizing in full the free movem ent of Labor within the boundaries of the European Union and not only. This gives a further insight on any international  investor  who  will  assess  Cyprus  in  comparison  to  other  jurisdictions  to  set  up  his Company.

 

Detachment of Employees in multiple EU jurisdictions  – Implementation of EU Directives. F ull Social Insurance contributions can be paid to the Cyprus Social Insurance System by staff employed in Cyprus companies and then detached to other EU countries to fulfill the contractual obligations of the Cyprus Company. O ur law office has executed such a scheme  numerous times with Employees from Greece, Poland, France, Italy, the  UK, the Netherlands, Belgium, Romania, Germany, Spain, Portugal, Estonia, Lithuania, Slovakia, B ulgaria, Finland, D enmark, Sweden, the Czech Republic, Austria, Ireland and other EU jurisdictions and dominions.

  

High personal tax-exemption levels which reach approximately €19,000.- Euros per annum allow for the Employment of many Employees under the Cyprus registered company while pay no tax if they fall beneath the tax-exemption levels. Coupled with the low social insurance contributions of 17.3% on the gross salary, excluding any B onuses altogether from the social insurance contributions scheme, make Cyprus a serious competitor in terms of Employment Benefits, pension rights, which could always be transferred back to the home country of the foreign worker. In addition, low personal tax rates  which reach a maximum of 30% for  personal income over  €35.000 Euros and substantial relief for overseas employment and for non-residents taking up employment in Cyprus for the first time.

 

 

Low social insurance contributions (6.3% of gross salary) - total employer contributions to various funds amount to 11% of gross salary and total employee contributions to 6.3%.   As  per  April  2009  Social Insurance Contribution in Cyprus shall be in the region of 17.3% on the gross salary. These contributions may be transferred to any other European jurisdiction. Further, full social security insurance rights are applicable to foreign employees in Cyprus such as pregnancy leave, medical leave, paid vacations, unemployment benefits, etc.

 

 

Employment Agency  companies may also be set up and operated through Cyprus, thus Employing personnel from countries outside the EU, such as Ukraine, Russia, Moldova (Eastern Europe), Egypt, Albania, Serbia, Iran, Qatar, Bahrain, or Countries from the Far East such as Sri Lanka, India, Malaysia, Thailand, Viet-Nam, etc.

 

Further, non-EU nationals may utilize the scheme to acquire worker status in Cyprus via becoming the Directors of their own companies. Permanent VISAS in Cyprus may also be applied for i.e. TYPE “F” VISAS, for indefinite stay in Cyprus by non-EU citizens, however, having no right of direct employment.