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The
legal system
is based upon the same principles as those applicable in the United
Kingdom and all statutes regulating business matters and procedures are
based essentially on English law, which makes property purchase and
other legal transactions understandable to most expatriates.
Seeking Expert Advice & buying a property:
Expert advice should be sought before entering into any transaction for
acquiring property in Cyprus. Your lawyer will check the following
points:
? A search with the Lands Office must be made to ensure
that the seller has a valid title to the property and that there are no
mortgages over the property, which would present problems with the
transfer of ownership.
? In the cases of property under
construction it must be checked that the planning and building permits
can be obtained and separate title deeds can be issued. In the contract
provisions must be made to provide for remedies in the failure of the
Vendor to do so.
? It must be ensured that the land is suitable
for building purposes i.e. zoning restrictions, building regulations,
access to an official road, and availability of water supply,
electricity and telephone lines.
? Foreign companies can buy or
build their offices only. No permit will be given for the purchase of a
residence unless the residence can be registered in the name of a
company?s director who must also submit the application.
A. Real Estate transfer tax-fees
Real
Estate Transfer tax-fees are necessary in order to transfer FREEHOLD
ownership to the name of the purchaser. This can be done as soon as the
relevant Government Authority has issued the title deed and the
purchase has been completed. The Transferee is responsible for the tax
payment.
The
rates are on a graduated scale.
|
Value of property
|
Transfer fee rate
|
|
CY ?
|
(per hundred %)
|
|
Up
to 50,000
|
3
|
|
From
50,000 to 100,000
|
5
|
|
From
over 100,000
|
8
|
For example if
the purchase price is CYP 90,000:
| The First |
Cyp 50,000 |
@ 3 % = |
Cyp 1,500 |
| Next |
Cyp 40,000 |
@ 5 % = |
Cyp 2,000 |
|
|
Total |
Cyp 3,500 |
Should
the purchase be made in joint names (provided the price is more than
Cy? 50 000) the effective value for calculation is halved.
For example if the purchase price is C? 90 000:
| 1st Buyer |
Cyp 45,000 |
@ 3 % = |
Cyp 1,350 |
| 2nd Buyer |
Cyp 45,000 |
@ 3 % = |
Cyp 1,350 |
|
|
Total |
Cyp 2,700 |
Transfer
of ownership takes place by a simple process of registration at the
Land Registry Office and the issuing of a title deed after completion
and delivery. This can be done either by you personally or by a Power
of Attorney to your Solicitor.
B. Stamp Duty
The
purchaser is liable for the payment of stamp duty at the rate of 1.50
pounds per thousand up to the value of 100,000 CY Pounds thereafter the
rate is 2.00 pounds per thousand. This should be paid within 30 days of
signing the contract.
For example if the purchase price is CY? 150 000:
| The First |
Cy? 100,000 |
@ 1.5 % = |
Cy? 150 |
| Next |
Cy? 50,000 |
@ 2.0 % = |
Cy? 100 |
|
|
Total |
Cy? 250 |
C. Immovable property tax
The annual immovable property
ownership tax is based upon the value of the property. Certain
immovable properties are exempt.
Value of property
CY Pounds (CY?) Annual Property tax (rate per thousand ?)
|
|
Up to
100,000
|
Exempt
|
|
100 ,001
250,000
|
2.0%
|
|
250,000
500,000
|
3.0%
|
|
Over
500,000
|
3.5%
|
|
Immovable property
tax is based upon the value of the property in 1980 which is much lower
than the current market value. So there is no immovable property tax
for the majority of properties in Cyprus
Road Tax
Road
Tax is due at the beginning of each year and is charged according to
vehicle engine size, unladen weight and whether a petrol or diesel.
| Engine
Capacity (cc) |
Discount |
Up to
1450 |
1451 ?
1650 |
1651 ? 2050 |
2051 ? 2250 |
2251 ? 2650 |
2651 and more |
| Cy?per cc |
|
0.025 |
0.035 |
0.07 |
0.085 |
0.115 |
0.115 |
|
|
CY? |
CY? |
CY? |
CY? |
CY? |
CY? |
| Private
Car |
0% |
6 - 36 |
51 - 58 |
116 - 144 |
174 - 191 |
259 - 305 |
305 - |
| Van |
0% |
6 - 36 |
51 - 58 |
116 - 144 |
174 - 175 |
175 |
175 |
| Double
Cab |
55% |
6 - 16 |
23 - 26 |
52 - 65 |
78 - 86 |
116 - 137 |
137 - 175 |
To
work out the rate for your vehicle, multiply the engine size of the
vehicle (cc) by the Cyprus pounds rate in the engine category into
which it falls. It will be in the range shown.
Wills: It
is imperative that expatriates have wills that are appropriate to the
national laws of the country in which they are living.
Needless to
say, English law is not entirely the same as the law of Cyprus
jurisdiction. Owners of holiday homes outside the UK are sensibly
advised to make a local will to deal just with that property, either
for reasons of local law, or because it makes things easier, when the
time comes to wind up the estate, to deal with a property under a local
will. The cost of making a will in Cyprus can vary from lawyer to
lawyer, however as a guide: Cy?50 - Cy?150
Inheritance tax:
Cyprus does not have any inheritance tax, making it an ideal
place to
invest your money as you can be assured that any person inheriting the
property will NOT be liable for any taxes when the owner has deceased.
Importing personal goods & pets:
There is generally no problem for an EU citizen importing furniture for
their house in Cyprus, it is however usually better to have a
professional removal firm deal with the move unless you are only taking
a few ?special? items. Genesis Real Estates have a good working
relationship with shipping companies both in the UK & Cyprus,
so
please feel free to speak with us before you make your arrangements, as
we have found our contacts to be the most cost effective &
reliable
in the past.
For more information regarding
bringing pets into Cyprus please see About Cyprus info.
Personal
tax :
(one of the lowest in Europe with corporate tax at 10% & VAT
@15%.) Following
the recent tax reforms, as from 1 January 2003 liability to income tax
will be based on residence or Cyprus source income. If you live in
Cyprus for more than 183 days in a tax year (January to December) you
will be resident and tax will be levied on your world wide income
whether you bring it to Cyprus or not.
For
expatriates retiring in Cyprus there will be a choice as to the system
of taxation. Either the first CY? 2.000 is exempt and all the remaining
will be taxed at 5% or the first CY? 9.000 is exempt and the remaining
income will be taxed at 20%, 25% and 30% depending on the amounts and
which income bands apply to you. Husbands and wives are to be taxed
separately.
Interest and dividends are exempt from income tax
but they will be subject to defence contribution, 10% in the case of
interest and 15% for dividends. Residents of a contracting state can of
course take advantage of the Double Taxation Agreements Cyprus has
entered into, so that foreign income can be received in Cyprus without
deduction of tax.
Foreign employees and Cypriot will be treated
the same, the distinction now will be between residents and
non-residents. Foreign employees working wholly in Cyprus will be
subject to tax under the same system as other residents.
Year 2004/2005 Rate
| Up to |
CY? |
10,000 |
0% |
| Up to |
CY? |
10,001 to 15,000 |
20% |
| Up to |
CY? |
15,001 to 20,000 |
25% |
| Up to |
CY? |
20,001 and over |
30% |
Company income tax:
Under the new legislation, companies will considered resident in Cyprus
if they are managed & controlled in Cyprus. The taxation of
companies will be based on tax residency unlike before when
International Business Companies were considered residents of Cyprus
& taxed in Cyprus irrespective of the place of their management
& control.
Double Tax Treaties
Cyprus
has entered into a considerable number of double-tax treaties
(unusually for a low-tax jurisdiction). The general effect of these
treaties is that Cyprus-registered offshore entities that have tax
exemptions in Cyprus will have the same exemptions in the treaty
countries
Most
treaties follow the OECD Model Convention, although the US Treaty
follows the most recent model of United States Agreements. Normally
speaking, therefore, the country of residence will give a credit for
taxes paid in the other treaty country. The Cyprus offshore entity
qualifies for treaty protection under all the extant treaties except
those with Canada, France, the UK and the USA, and even in those cases
the limitations apply only to flows of income to Cyprus, and not to
income flows from Cyprus to the countries concerned.
Revisions
to Cypruss corporate tax regime consequent upon its accession to the
EU, and the abolition of the offshore sector as such, have made Cyprus
attractive as a tax treaty partner, and the island will need to revise
many of its treaties as a result, as well as entering new treaties with
additional countries.
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