OpusGuide: Cyprus – Limited Liability Company*
Cyprus has the lowest rate of income tax in the whole of the European Union. At the same time, the tax system provides for a range of exemptions including income from many sources, which may result in obtaining even lower tax rates. Amongst the extra benefits of registering a company in Cyprus, one could also mention the strategic position of the country, its wonderful infrastructure and the low cost of specialist services.
LEGAL FORM | Private Company Limited by Shares. |
POLISH EQUIVALENT | Limited liability company of the Polish law. |
SPHERE OF ACTIVITIES | All are legally allowed; there is no requirement to get permission (this does not apply to regulated activities). |
BODIES AND OTHER IMPORTANT POSTS / FUNCTIONS |
ownership | The general meeting (annual / extraordinary) consists of shareholders (it is possible to set up a single-person company), whose influence on activities is reflected in resolutions. Written voting is allowed. |
management | Board of Directors – based on the Anglo-Saxon model (supervisory and management functions are found all in one body): at least one member is a natural person or legal person. | |
supervisory | Supervisory functions are carried out by the Board of Directors, due to the AngloSaxon structure of the company. | |
other | Company Secretary is responsible for the internal documentation of the company; a natural or legal person can fulfil this function. | |
USE OF TRUSTEESHIPS | Nominee shareholder |
Provided for under Cypriot law, bound by trustee confidentiality. |
Board of Trustees |
Provided for under Cypriot law, bound by trustee confidentiality. | |
MINIMUM SHARE CAPITAL | No stated minimum share capital (share capital of 1 Euro Cent is possible), no obligation to have Issued Share Capital. |
ACCOUNTING / AUDITING | Carried out in accordance with International Accounting Standards (ISA); every year an audited financial statement must be submitted; there are exemptions from the requirement to carry out an audit. | |
HEARDQUARTERS | Required in the territory of Cyprus. | |
TIMESCALES | foundation | The company exists from the moment it is entered in the Cypriot Registry of Companies, carried out after at least 7 working days from the submission of the registry application. |
winding up | This requires the formal appointing of the Company’s liquidator. It takes around 1 year depending on the number of transactions carried out by the Company. | |
strike-off | Strike-off applies to companies which do not intend to carry out any economic activity and have no liabilities. It takes approximately 9 months. | |
BANK ACCOUNT | In any bank including those outside Cyprus. | |
NATIONAL CURRENCY | The Euro | |
JĘZYK URZĘDOWY | Greek and Turkish. Internal Company documentation may be written in English as well. | |
FISCAL YEAR | The same as the calendar year. Other accounting periods may be chosen. |
TAX RESIDENCY | A company gets Cypriot residency if its management and controlling are carried out in Cyprus (so-called substance). |
INCOME TAX (CIT) | CIT tax rate: 12.5%. |
DEFENCE TAX (SDC) | Special Defence Contribution Tax (SDC) of 30%, affects above all interest received by a Cypriot company or extraordinary dividends and income from renting. |
SPECIAL TAX REGIME | Income from dividends and capital gains received from financial instruments (stocks, shares, bonds, etc) are exempt from CIT or SDC. |
WITHOLDING TAX (WHT) | Dividends and interest paid to non-residents are exempt from WHT. Royalties paid to non-residents are also exempt from WHT on the condition that the intellectual property is used outside the territory of Cyprus. |
ANTI-TAX-AVOIDANCE RULES | Transfer pricing: YES No regulation regarding thin capitalisation or CFC. |
* data binding as of 28th April 2014