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International Business Companies (IBC’s) are only liable to 4.25% tax on their income. Also such companies are not liable to capital gains tax (except on gains arising from immovable property in Cyprus) and no withholding or other taxes are chargeable on their dividends. In order for a company to be classed as an IBC, the provisions of the Income Tax Laws must be satisfied. The provisions provide that:
IBC’s situated in Cyprus are required by the Central Bank of Cyprus to submit to the Central Bank independent audited accounts. This is required in order to facilitate the Bank in carrying out its function as a supervisory body.
All companies situated in Cyprus are required to maintain correct and proper records of the companies assets and liabilities, sales and purchases of stock and all monies received and disbursed by the company together with details of related transactions.
Also, companies with a share capital are required by law to submit an Annual Return to the Registrar of Companies. Accordingly, the Return must contain information relating to the company’s address, the amount of any mortgages, details of company directors and secretary’s, matters relating to the issue, discontinuance, forfeiture or surrender of shares, etc.
Residence and work permits are required by all non-resident personnel of Cypriot entities. Such residence and work permits are easily obtained by directors, executives and managers, normally within one month of application. Employees in administrative, clerical and non-executive positions may also obtain such residence and work permits fairly easily, in situations where there are no suitably qualified Cypriots.
A foreign employee of an IBC who is living and working in Cyprus is taxed at half the normal income tax rate applicable. Foreign employees living and working outside Cyprus pay tax at 10% of the normal tax rates. Where the remuneration to a foreign employee living and working outside Cyprus is paid through Cyprus, then no tax is paid at all.
Income received from foreign money capital interest will attract no income tax if imported into Cyprus and deposited with a bank operating in Cyprus. Furthermore, interest earned on borrowed foreign money capital invested in Cyprus may be exempt from tax, if, the Minister of Finance considers it to contribute towards the economic development of Cyprus.
With regard to Capital Gains Tax, no gain is considered to arise where IBC’s make a disposal of immovable property outside Cyprus. A gain is considered to arise where a disposal is made of immovable property or of shares in companies deriving value from immovable property in Cyprus. The current rate of tax is 20%.
Transactions carried out by IBC’s are considered to have been effected outside Cyprus. As such, with the exception of local expenditure, IBC’s are exempt from value added tax (VAT).
Confidentiality
Cyprus IBC’s must have a registered office in Cyprus. They are usually structured with nominee directors, secretary and shareholders whose details are placed on public file. This type of structure guarantees total confidentiality on Company records.
The beneficiary's details remain confidential and are not placed on public file although they must be disclosed to the Central Bank of Cyprus. The beneficiary may be a natural person or corporate body. Cyprus has strict commercial secrecy laws and Central Bank employees are bound by law not to divulge privileged information to any third party.
It is through these confidentiality requirements that Cyprus companies enjoy a greater international reputation amongst business persons than companies in other jurisdictions.
Shareholders
A minimum of two shareholders are required and details appear on the public file but anonymity can be retained by the use of nominee shareholders. Bank references on the beneficial owners must be submitted to the Central Bank of Cyprus but these details are protected by secrecy laws.
Directors
A minimum of one director is required and details appear on the public file but anonymity can be retained by the use of third party directors.
Time scale
Normally
it will take approximately 4-7 working days from the receipt of bank references
on the beneficial owners for incorporation to be achieved. Shelf companies
are available, but the requirement to provide bank references on the beneficial
owner’s means that such companies cannot be activated until references
have been received in Cyprus.