All companies are taxed at a rate of 12,5% (10% up to the year 2012).
Type of income
Profit from the sale of securities (Note 1) 100
Interest not arising from the ordinary activities or closely related to the ordinary activities of the Company (passive income) (Note 2) 100
Profits of a permanent establishment abroad (if more than 50% of the income of the permanent establishment derives from trading activities or the foreign tax burden rate is not lower than 5%) 100
If you are seeking anonymity and privacy, various firms in Cyprus can provide you with nominee directors, secretary or nominee shareholders for your company. The beneficiary’s ownership of the Company is secured by the execution of a Deed of Trust, between the beneficiary and each nominee shareholder appointed, giving the beneficiary full access to any future transfer of benefits derived from the shares in question. An indemnity letter address ot the nominee director and secretary must also be signed by the beneficial owners.
The minimum number of shareholders for incorporation of a private company is 1 (one) and for public company is 7 (seven).
A private company may have only one director and a secretary but the sole director of the Company cannot also be the corporate secretary. Nevertheless, where a single member private limited liability company is concerned, the sole director may also be the secretary of the company.
A public Company is required to have at least 2 (two) directors and a secretary.
The shareholders of a Cyprus company may be legal or natural persons and may be resident and/ or nationals of any country. They have to be the legal
age of 18 and over, and in order to be a director, they should also be sane mind and be able to contract under law.
The Council Regulation (EC) No 2157/2001 on the Statute for a European Company was adopted on 8th October, 2001 containing rules for European Public Companies known as Societas Europaea (SE) (Latin for “European Company”). The new legislation entered into force in October 2004. Cyprus has amended the Companies Law in 2006 (Law 98(I) of 2006) in order to implement the Council Regulation (EC) No 2157/2001.
An SE can be formed in four ways:
The SE must have a minimum capital of EUR 120,000. The registered office of the SE must be the place where it has its central administration, that is to say its true centre of operations. The SE can easily transfer its registered office within the Community without dissolving the company in one Member State in order to form a new one in another Member State.
The Regulation provides that the provisions of Member States’ laws which would apply to a public limited-liability company in that state, apply to an SE with a registered office in that state in relation to matters not regulated by the Regulation.
Paragraph 20 of the Preamble to the Regulation provides that the Regulation does not cover, inter alia, taxation matters. The provisions of the Member – States’ law and of Community law are therefore applicable in relation to taxation matters.
Cyprus is a most attractive jurisdiction for SE’s considering its low tax rates and its extensive network of double taxation agreements.
Companies which are tax residents of Cyprus are taxed on all income accrued or derived from all sources in Cyprus and abroad. A company must register with the Inland Revenue Department within 60 days of incorporation.
A non-Cyprus tax resident company is taxed on income arising from immovable property in Cyprus and on income accrued or derived from a business activity, which is carried on through a permanent establishment in Cyprus. Permanent establishment is a fixed place of business through which the business of an enterprise is wholly or partly carried on. The term permanent establishment includes a place of management, a branch, an office, a factory and a workshop.
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.
A Company is a tax resident of Cyprus if it is managed and controlled in Cyprus. Under the Cyprus Law there is no exact definition of management and control. However, the basic requirements for management and control are as follows:
(For further information please refer to our tax guide and corporate brochure)