In this article we will explain why Cyprus investment firm structures are so popular that hundreds of such companies are relocating to Cyprus.
Cyprus Investment Firms Taxation
To understand how Investment Firms are taxed we must firstly separate their income streams into active and passive. Active income is the income the investment firm receives from its day to day operations such as disposal of securities, commission income etc. Such income is taxed under Corporation Tax at 12.5% if it is not exempted.
As the majority of Investment Firms are trading in securities which are outside the scope for Corporation Tax and VAT purposes such income is entirely tax free. This is not the case for Cryptocurrencies as we explain in our previous articles. More information can be found on our website.
Commission income is subject to Corporation Tax if it exceeds any losses carried fwd and any current company operational expenses, which is usually rare. Therefore it is safe to assume that active income for Investment Firms is unlikely to be taxed (we exclude Cryptocurrencies).
What about Passive Income?
It can be argued that interest income from long positions, dividends received are in the normal day to day (certainly semi-annual) operations of the investment firm and as such they should be taxed like normal trading income at 12.5%. If not then such income would be subject to the Special Defence Tax and should be taxed at 17%.
Since the distinction between active and passive income is of great financial (tax) importance we strongly advise our clients to get a tax ruling (more information click here) for their companies so that they try (with our help) get the preferred tax treatment for the passive income which could fairly be described as active income.
What about Dividends Paid Out
If the Cyprus investment firm belongs to a group it will pay out its dividends to its parent tax free without any withholding taxes. Similarly, if it pays its dividends to individuals such dividends will only be subject to Cyprus Dividend Tax if the shareholders are Cyprus Tax Residents and Domiciled Persons (usually Cypriots living in Cyprus). Shareholders from overseas residing in Cyprus should become Cyprus Tax Residents but not Domiciled so that they are exempted from Dividend Tax. Read more here.
Some Specific Examples
1. Bonus shares futures and options constitute "titles"
Should be treated in accordance with the provisions of Article 2 of the Income Tax Law, therefore any gain on the disposal of the above will be exempt from income tax, in accordance with the provisions of Article 8 (22) of the Income Tax Law. --> Tax Free
2. Trading in Securities such as shares, futures and options
Will be tax free.
3. Dividends received from futures and from shares
This depends on a case by case scenario. We display below some of the tax rulings obtained:
Will be subject to special contribution for the defense in accordance with the provisions of Article 3 of the Special Contribution for the Defense Law;
a) Subject to 17% special defense tax unless Non-Domiciled --> No Special Defense Tax, or
b) If you have already paid tax on the dividends (at source) --> You will NOT double pay on the dividend tax more than 17% or of the amount already paid out.
If the physical person is non-dom you will pay no tax on the dividend.
Read article about non domiciled here.
4. Any interest income from bond coupons, loan provided, and promissory notes
Will be subject to income tax, in accordance with the provisions of Article 5 of the Income Tax Law.
If the main core business is trading of securities bonds etc --> Subject to Corporation Tax 12.5% .
If this interest is passive income i.e the physical or legal person holds them as investments and does not deal with passive investments --> subject to special defence tax Only (17% at present)
5. Income from discounted promissory notes
Will be subject to income tax, in accordance with the provisions of Article 5 of the Income Tax Law. --> Subject to Corporation Tax 12.5%
So Why are Cyprus Investment Firms almost Tax Free?
- disposal of securities are outside the scope and are not taxed
- interest and dividend income could be taxed if exceed company running expenses and losses carried fwd (if any)
- dividends to shareholders are usually not taxed
So Why are Cyprus Investment Firms so attractive?
Coupled the above tax benefits with low company and operational expenses and one of Europe's most attractive remuneration system for overseas employers (read more here) Cyprus is a winner and we evidence this with so many Investment Firms residing in the Republic like Revolut, FX Pro, Exness, eToro to mention a few.
To read more, have a look at some of our articles by clicking here.
Cyprus Investment Firms Regulator
The regulator of the Cyprus Investment Firms is CySEC (Cyprus Securities and Exchange Commission) who oversees all local activities and reports directly to ESMA. More information about the laws and regulations can be obtained directly from the CySEC page.
Our firm has numerous regulated entities and we perform their statutory filing requirements and consultation such as Capital Adequacy Reports, ICARA, Internal Audits etc.
We have published several articles about the Cyprus Investment Firms which can be obtained here.
Some Popular Cyprus Investment Firms
CYAUSE AUDIT SERVICES
CYAUSE Audit Services Ltd performs statutory compliance services to Cyprus Investment Firms and Funds on a continuous basis in its capacity as external adviser for compliance function requirements and external or internal audit function.
Whether an investment firm regulated by the Cyprus Securities and Exchange Commissions (CySEC) or a Fund we can perform statutory compliance services and ad hoc engagements tailored to your needs. More information about our services can be obtained here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
