OpusGuide: Cyprus – Trust

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	A trust is regulated in accordance with the instructions and wishes of the settler within established terms, as set out in the Trust deed. The trust is registered under the MT Trust and Trustees Act, Cap. 331, without separate legal personality.
POLISH EQUIVALENT	Lack of counterpart in the Polish legislation
SPHERE OF ACTIVITIES	Any legally permissible – vehicle for transfer of assets from one generation to other and protect estate from inheritance or capital gain taxes; no requirement to obtain permits (not a regulated activity).

FUNCTION OF THE EQUIVALENT BODY	ownership	The trustee is the legal owner of the assets. Trust property is an independent fund held by the trustee but available only to the beneficiaries.
	administration	The management of the trust is conducted by the trustee. The trust is administrated in accordance with the instructions of the Trust deed. The trustee must at all times act in accordance with the terms of the trust.
	other	Possibility to appoint a protector to supervise the acts of the trustee.
USE OF TRUSTEESHIPS	beneficiary	Trust is created for the benefit of the beneficiary(ies) who is identifiable and ascertainable. Identification of the beneficiary must be in writing by the settlor in the letter of wishes or Trust deed.
	Board of Trustees	There are no formal reporting requirements for trusts established in Malta. Strict confidentiality rules apply in the Republic of Malta.
MINIMUN SHARE CAPITAL		No requirements for minimum share capital.
HEADQUARTERS		At least one of the trustees must be a permanent resident of Malta.

TIMESCALES	registration	The trust must be registered in accordance with the Trust and Trustees Act, Cap.331 and the registration is not publically available.
	termination	Duration is provided in the terms of the Trust deed; otherwise the beneficiaries would be entitled to terminate the trust.
BANK ACCOUNT		In any bank.
NATIONAL CURRENCY		EURO
OFFICIAL LANGUAGE		Maltese

TAXES	Income	Trusts are not subject to the corporate income tax. However, the income earned by beneficiaries through is taxed at their hands but only with regard to sources of income located in Malta (abroad income is not subject to income tax, unless received by beneficiaries in Malta). Income gained by trust but not attributed to the beneficiaries shall be taxed by trustees. However, there is an assumption that abroad income and passive income was attributed to the beneficiaries. Depending on double taxation treaty’s provisions, the beneficiaries can be taxed also at their residence country. If a trust is registered as a company, then exemptions applicable to a company are also attributed to a trust.
	Special tax regime	If a trust is registered as a company, then exemptions applicable to a company are also attributed to a trust.
ANTI-TAX-AVOIDANCE-RULES		Transfer pricing documentation: NO, but the transactions must be carried at arm’s length. Thin capitalization: NO CFC: NO

* data binding as of 28th April 2014