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CYPRUS
Capital Gains Tax and Tax Issues
Capital Gains
Tax
Capital gains tax is paid on gains arising
from the dale of the property at a rate of
20%, with the first CYP 10,000 being exempt
for each person, as investment allowance.
Proceeds from the sale, less the cost of the
property, professional and legal fees,
commission, interest paid, inflation
allowance and investment allowance, The
investment allowance is granted only once,
unless it has not been exhausted at the
first sale, in which case any balance would
be carried forward.
Gains from the sale of a dwelling house are
exempt up to CYP 50,000 in total if the
owner resides in it continuously for at
least five years prior to disposal.
The
following categories are exempted from
Capital Gains Tax:
Transfers by reason of death.
Donation between relatives up to the third
degree of kindred.
Donation to Limited Companies, all
shareholders of which are members, and
continue for 5 years after the donation to
be members, of the family donor.
Donations from family Companies to their
shareholders, but only in cases where the
property gifted was originally acquired by
the Company also by way of gift.
Donations to Charitable Institutions or to
the Republic of Cyprus.
Exchanges of permanent residence.
Compulsory acquisitions.
Example of Capital Gains Tax calculation:
Proceeds on sale of property CYP 200,000
Cost of acquisition CYP (100,000)
Inflation allowance CYP 100,000 x 52.67% CYP
( 52,570)
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Gain on the sale of property = CYP 47,300
Less investment allowance CYP ( 10,000)
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Taxable Gain on sale of property = CYP
37,300
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Capital gains tax due = 37,300 x 20% CYP
7,460
Goods Eligible to Import Free of Duty
Intending residents are persons who are
residents abroad and satisfy the director of
Customs that they intend to live in Cyprus
permanently. These individuals are allowed
to import free of duty the following goods:
Clothing
Other personal effects
Household goods and furniture
Professional tools and appliances, plus
any other goods which are intending resident
and the opinion of the Director of Customs &
Excise, reasonably require.
One shotgun and one air-rifle
Personal computers
Image and sound recording appliances
Pleasure and sport boats (irrespective of
the above relief, yachts and other boats for
pleasure and sports and charged with 10%
excise duty)
Pony horses
Prerequisites for the Granting of Relief are
that the Goods:
Are intended solely for the personal use
of the intending resident or his dependants
and quantities imported are in the opinion
of the Director, reasonable
Are imported within a period of twelve
months prior to, or two years after the
arrival of the resident
Tax
Issues
(a)
Permanent Residents
An individual who spends at least 183 days
in Cyprus in the tax year will be considered
to be a Cyprus resident for tax purposes.
These are people who:
Either they settle permanently in Cyprus
upon retirement.
Or are foreigners who live indefinitely or
for a fixed period of tine in Cyprus are
employees. Either of their own International
Businesses (Offshore Company) or of a local
or offshore firm, and who choose property in
Cyprus rather than live in rented premises.
Or are business people whom whish to take
advantage of the tax and other fiscal
advantages offered when having Cyprus tax
residency.
The Cyprus Government gives a series of
incentives to these people, including very
low taxation of their income, which emanates
from abroad.
Individuals are taxed in Cyprus on the
Following Types of Income
Profits from a business activity in
Cyprus, including rent etc, from property,
profits earned from a permanent
establishment abroad, are fully exempt from
corporation tax.
Worldwide employment income.
Pensions in respect of past employment
exercised in Cyprus.
Pensions exercised outside Cyprus will be
taxed either at normal income tax rates as
shown on or at the option of the taxpayer,
at the flat rate of 5% on the excess of CYP
2,000.
Income Tax Rates Applicable From 2004 Rate
Up to: CYP 10,000 Nil
From: CYP 10,001 15,000 20%
From: CYP 15,001 20,000 25%
Above: CYP 20,000 30%
Deductions and Allowances
The following can be deducted in calculating
the tax liability:
There will be a deduction of 20% for the
first 3 years in Cyprus, limited to CYP
5,000 per annum.
Life assurance premiums.
Contributions to state social security and
welfare fund and pension funds
Expatriate Tax and Social Security
Contributions
Expatriate employees are taxed as follows:
Individuals who perform all their
employment duties abroad will not be taxed
on their earnings.
Those who are present for 183 days in
Cyprus in the tax year will be taxed on
their worldwide earnings.
Those who are present for less than 183
days in Cyprus in the tax year will be taxed
on their earnings attributed to their days
work in Cyprus.
Individuals who originate from countries
(including E.U. countries until such time
that Cyprus becomes a full E.U. member)
where a social security agreement has not
been signed between their country to social
security contributions. UK citizens can opt
out for a period of three years, as relevant
agreement has been signed between the two
countries.
Contributions are Currently Payable by Both
Employer and Employees, at the Rate of 6.3%
Individuals are not taxed in Cyprus on
interest or dividends received from sources
either within Cyprus or from abroad, except
for Defense Fund Contribution as explained
below.
Defense Fund Contributions are Payable in
the Following Cases
10% tax charge on interest from
investments in Cyprus or abroad.
3% tax charged on 75% of the gross rental
income from real property, wherever it is
located.
15% tax charged on dividends received from
both Cypriot and non-Cypriot companies.
Relief in the form of tax credit is given
for any foreign taxes paid on the above.
Gains from Disposal of Securities
Any gains made from the disposal of
securities are not subject to taxation in
Cyprus. The exemption applies for all gains,
including those that arise from trading in
securities.
It is the policy of the Cyprus Government to
encourage tax incentives for foreigners in
order to develop Cyprus as a financial
centre in its area, without proclaiming or
promoting itself as a tax haven. Individuals
or companies who choose to reside in Cyprus
may also enjoy, under certain circumstances,
the benefits of the Double Taxation Treaty
of their country of origin with Cyprus, if
there is one in place. The main objective of
the Double Tax Treaty is to avoid the double
taxation of income earned in any of the two
contraction countries.
Cyprus has signed 32 such treaties, in
effect regulation tax regulations with over
40 countries. For example, United Kingdom
citizens may take advantage of the Double
Taxation Treaty Between the U.K. and Cyprus.
This enables you to receive your pensions
and investment income in Cyprus free of U.K.
withholding tax. This treaty is unique to
Cyprus, since it includes both public and
private sector pensions.
Insurance pensions can be paid to retirees
in Cyprus on a similar tax-free basis, and
are index-linked by virtue of the Reciprocal
Agreement, compared to their frozen
Status in other overseas destinations.
(b)
Non Residents
These are people who:
Either are holidaymakers who purchase
properties in Cyprus as holiday homes or for
possible permanent living upon retirement,
or for the sale thereof with a reasonable
profit at a later stage.
Are Business investors and companies who
acquire property in Cyprus for tourist and
industrial purposes, making use of the
location and climate of Cyprus, the
excellent infrastructure and the various
incentives offered for these purposes,
especially in the area of taxation.
Individuals are Taxed in Cyprus on the
Following Types of Income
Employment income for work performed in
Cyprus
Profits from a business activity, which is
carried out through a permanent
establishment in Cyprus
Pensions in respect of employment
exercised in Cyprus, except for pensions
paid from a fund established by the Cypriot
Government or any local authority.
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