Flowers and butterfly
19/06/2023

Amendments to the Income Tax Law and Special Contribution for Defence Law aiming to prevent aggressive tax planning

in 2023, Tax

This brief memo is to remind you that, the Laws that were implemented in December 2021, aiming to prevent aggressive tax planning, are effective as of 31 December 2022. The new measures have been implemented by EU Member States against EU-blacklisted jurisdictions.

As per the new Law, Cyprus Companies, under certain conditions, explained here below, must apply to withhold tax on dividends, interest, and Royalties. That is paid to the EU Blacklist of non-cooperative jurisdictions (“EU Blacklist”) (Amending the SCDL).

Dividends

A 17% withholding tax must be applied on dividends paid by a Cyprus tax resident Company to companies which are:

  • resident in jurisdictions included in the EU Backlist, or
  • incorporated/registered in a jurisdiction included in the EU Blacklist and are not tax resident in any other jurisdiction that is not included in the EU Blacklist.

The following conditions must apply:

  • The Company receiving the dividend holds directly, either alone or jointly with associated companies, over 50% of the capital, voting rights, or is entitled to receive more than 50% of the profits in the company paying the dividends.
  • The associated companies should also be resident in an EU blacklisted jurisdiction or incorporated/ registered in an EU blacklisted jurisdiction and are not tax resident in any other jurisdiction that is not included in the EU Blacklist.

There is no withholding tax when the dividend is payable on shares listed on a recognised stock exchange.

Interest

A 30% withholding tax on interest paid by a Cyprus tax resident company to companies which are:

  • resident in jurisdictions included in the EU Blacklist, or
  • incorporated/registered in a jurisdiction included in the EU Blacklist and are not tax resident in any other jurisdiction that is not included in the EU Blacklist.

The withholding tax does not apply in the case of:

  • interest payments on securities listed on a recognised stock exchange.
  • Interest payments made by individuals.

Royalties

A 10% withholding tax on royalties paid by a Cyprus tax resident company to companies which are:

  • resident in jurisdictions included in the EU blacklist, or
  • incorporated/registered in a jurisdiction included in the EU Blacklist and are not tax resident in any other jurisdiction that is not included in the EU Blacklist.

The WHT does not apply in the case of royalty payments made by individuals.

Pending clarification

We are expecting a clarification from the Tax Authorities on whether the withholding must be applied on cash basis (i.e. when actually paid) or when derived (i.e. on accruals basis).

For easy reference, to the consolidated list as of 17/02/2023 of high-risk countries (EU HIGH-RISK THIRD COUNTRIES, FATF HIGH-RISK AND NON-COOP, EU TAX LIST) click here.

Finally, in order to strengthen the residency rule framework beyond the management and control criterion/concept, the term Cyprus tax resident company now includes a Company that was incorporated/registered in Cyprus. Whose management and control is exercised outside Cyprus, as long as the company is not a tax resident in any other State.

For more details, please contact:

George Yiallourides
Managing Director
T: +357 25443132
E: yiallourides@ayca.com.cy

Seashore
08/06/2023

CYPRUS VISION 2035 – Emerging Tech & Innovation Hub

in 2023

The Government of Cyprus has developed “CYPRUS VISION 2035”, a long-term strategy for sustainable growth for the Island. It’s main objective is to transform Cyprus to be one of the world’s best countries to live, work and do business in. This will be achieved by becoming a dynamic and competitive economy. Driven by research, scientific excellence, innovation, technological development and entrepreneurship, and a regional hub in these fundamental areas. Cyprus will be transformed into one of the world’s leading model nations with a thriving, resilient economy and a just, inclusive society.

Developing the Technology and Innovation Ecosystem is central in the Cyprus Government’s objectives. Thus introduced a new strategy for attracting foreign companies and skilled talent to Cyprus. The strategy mainly focuses on high technology, shipping, pharmaceutical, innovation, and research and development companies. This strategy included a series of new incentives concerning residency, taxation, and employment, through a fast, simple, and streamlined procedure.

There are many reasons that prompt ICT companies to choose Cyprus as a relocation destination:

• Attractive Corporate Taxation

-Advantageous Intellectual Property Box scheme approved with EU, where the Company can benefit up to 80% deduction on its taxable income, i.e. reducing the effective tax rate down to 2.5% (whereas standard corporation tax rate is 12.5%).

-Profit from the sale of shares and other instruments that carry a title such us bonds and debentures are tax free.

-Dividend income is tax free except in certain conditions

-Notional interest expense deduction on equity

-Dividend income generally exempt from tax

-Use of a large number of double tax treaties

-Further than that the Government, as from 16 July 2015 proceeded in the division for Cypriot Tax residents between Domicile and Non-domicile residents.

Non-domicile residents are those that:

(i) are not considered as Cypriots as per the provisions of the Wills and Succession Law;

(ii) were not tax residents of Cyprus during the 17 out of the last 20 years. The exemption can apply also for Cypriots that were not tax residents of Cyprus and choose to return to Cyprus.

-Individuals who are not considered to be “domiciled” in Cyprus would be exempt from payment of taxes on worldwide income from:

  1. Dividends;
  2. Interest;
  3. Rent;
  4. Sale of securities (shares in listed or non-listed Companies);
  5. 50% of the remuneration is exempt from income taxes if Salary earned from employment in Cyprus exceeds 55k (applicable for 17 years), or 20% of the remuneration if it is less than 55k (or EUR8.550 whichever is lower and is applicable for 5 years);
  6. No Inheritance Tax;
  7. No Lifetime Gift Tax;
  8. Use of large number of Double Tax Treaties;
  9. Interest and dividends paid to non- residents carry no withholding tax
  • Tax Residency In 60 Days

The Parliament of Cyprus has recently passed a bill which will be amending the rules for determining tax residency of individuals in Cyprus. The said bill, which was unanimously approved, gives the right to an individual to be considered as tax resident in Cyprus. Provided that the below mentioned three criteria are cumulatively met:

a) remains in Cyprus for at least 60 days during the tax year;

b) carries out any business in Cyprus and/or is employed in Cyprus and/or holds an office to a person resident in Cyprus at any time during the tax year;

c) maintains a permanent residence in Cyprus, which can be either owned or rented by him

  • As a member of the EU and Eurozone community, Cyprus ensures safety and stability for investors, while also offering them market access to more than 500 million EU citizens
  • Strategic EMEA access. Good geographical location between the EU, CIS, Middle East and Africa regions
  • Ease of doing business, supported by a pro-business tax and legal system, modelled on English Common Law
  • Included in OECD’s White List of jurisdictions with more than 60 countries
  • High availability of multilingual, high-quality professionals, mainly UK and US graduates
  • Efficient migration regime that allows smooth relocation of Executives and families
  • Capacity to transfer large numbers of employees
  • Attractive tax incentives for employees relocating to the island
  • High quality healthcare
  • High quality international schooling from kindergarten to university – Cyprus is amongst the top in the EU for university graduates per capital.
  • A cosmopolitan island with a great lifestyle
  • Ranked as the 5th safest small country in the world
  • The sunniest country in Europe with 74 blue flag beaches, crowned ‘Cleanest Bathing Waters in Europe, with a consistent 100% score, year after year.

eurovision
16/01/2023

Wish for the Eurostars!

in 2023, Events

For the 9th consecutive year and in continuation of the “Wish for the Stars” charity event, we are once again preparing, with passion and devotion, an unforgettable evening with the name:

“Wish for the Eurostars!”

Our events are unique and memorable and include musicals, live music performances, music video clips and fashion shows, always starring members of the management and personnel of the organizers YIALLOURIDES & PARTNERS LTD, VISTRA (CYPRUS) LTD, PATRIKIOS PAVLOU & ASSOCIATES LLC and AMICORP LTD.

We are extremely happy to announce our upcoming show, which will be dedicated to the fun moments we all enjoy on a Eurovision night. Famous songs will be performed by members of our teams, choreographed by Eva Messi of the School of Dance Maria Messis and directed by Niovi Spyridaki of Character Acting Studio, both co-organizing the event.

The, what promises to be, an incredible evening, will also be featured by a live performance by a well-known artist.

Members from other companies are also welcomed to participate. We have the pleasure to add to our team Andreas Petsas & Sons plc, Pafilia, German Oncology Center and Kipos tis Edem.

Once again, all net proceeds will be donated to the “One Dream One Wish” Association for children with cancer and related diseases.

The charity event will take place on Saturday, 25th November, 2023, at 20:30 at Monte Caputo in Limassol.

We would be delighted if you would honour us with your presence and your participation as a sponsor.

Sponsorship Packages:

Mega sponsor: €20000, includes honorary speech, honorary plaque, media and social media publicity, marketing presence at the event, press conference with the chairman of the Association and 20 complimentary VIP tickets for the event.

Platinum sponsor: €10000, includes honorary speech, honorary plaque, media and social media publicity, marketing presence at the event, and 10 complimentary VIP tickets for the event.

Gold sponsor: €5000, includes honorary speech, honorary plaque, media and social media publicity and 8 complimentary tickets for the event.

Silver Sponsor: €1000, includes honorary speech, honorary plaque, media, and social media publicity and 4 complimentary tickets for the event.

Bronze Sponsor: €500, includes, honorary speech, social media publicity and 2 complimentary tickets for the event.

We remain at your disposal for any clarifications and assistance.
 
For more details, please contact:
George Yiallourides
Managing Director
T: +357 25 443132
E: yiallourides@ayca.com.cy

Parrots
16/01/2023

Termination of “back-to-back” financing arrangements

in 2023, Transfer Pricing

The Commissioner of Taxation with Circular 1/2023, informs that the provisions of Interpretive Circulars No.3 and No.5 relating to “back-to-back” financing arrangements are retroactively terminated as of 31 December 2021.

In that respect as from 1/1/2022, Companies can not apply the simplification measures on the intra-group “back-to-back” financing transactions (taxable profit margin of 2%).

This is in line with the new Law that is applicable as from 1/1/2022 where all intra-group transactions of any nature must be executed at an arm’s length basis. Further than that if the transaction per activity exceeds EUR750k per annum, the Company has an obligation to prepare a transfer pricing study and a local file.

We remain at your disposal for any clarifications and assistance on the matter and or the preparation of Transfer Pricing Study.

For more details, please contact:

George Yiallourides 
Managing Director
T: +357 25 443132
E: yiallourides@ayca.com.cy

Ioannis Charalampous
Tax Manager
T: +357 25 443132
E: ioannis@ayca.com.cy

looking back from above
29/11/2022

Temporary Tax – 2nd installment for the year 2022

in 2022, Tax

We kindly remind you that the deadline for the submission of the revised provisional tax return and payment of the 2nd instalment for 2022 provisional tax is by 31st December 2022.

If there is a change in the estimated taxable income for the tax year 2022, a revised temporary form should be submitted and paid by 31st December 2022. The revised taxable income will be apportioned equally over the two instalments and the difference arising will bear interest of 1.75%.

In case the initial estimation remains unchanged, the payment of the 2nd instalment can be made by 31st January 2023.

The final payment of the 2022 tax must be made via self-assessment by 1st of August 2023.

We remain at your disposal for any clarifications and assistance.

For more details, please contact:

George Yiallourides
Managing Director
T: 0035725443132
E: yiallourides@ayca.com.cy